Establishing a Special members meeting in FL

In Chapter 720 (Fl) 720.306(3) members are allowed to call for a spec mtg of owners. Assuming that the meeting's purpose is to rescind recent unlawful behavior of the BODs, who is responsible for calling the meeting (mailing proper notice,etc) and who actually conducts the meeting? Anything else we need to know also.

Dorothy. Here are the Statute requirements for a Special Meeting.

"(3) SPECIAL MEETINGS.--Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.

But do tell me, how do you recind recent unlawful behavior? Make sure that you post a proper 48 hour notice. If the Board refuses to attend the meeting, have a specific purpose of the meeting on the notice and have someone lead this meeting who can follow an agenda and control the members behavior.

So you must know that all of us here are wondering what is the recent unlawful behavior that you are referring to?

The following would be a typical process for the membership in recalling the board or an individual on the board:

1) Concerned homeowner forms a group to help
2) Request membership list from Association
3) Review Governing documents and State laws on procedures
4) Solicit signatures on a petition for the purpose of calling a special meeting to recall [list names] from the Board of directors and to elect replacement directors.
5) While soliciting signatures, identify people who are willing to run for the board.
6) Copy petition and submit original to board and a copy to the management company and registered agent.
7) Board verifies signatures
8) Meeting place and date is set
9) Notice of meeting is sent along with proxy forms (if proxies are allowed)to all members.
10) Agenda is drafted, sign-in sheet printed, list of members eligible to vote is printed, ballots are made.

NOTE: If Board refuses to honor petition, then the group of concerned members completes steps 8-10 (reason for membership list in step 2)

11)Meeting is held / members sign-in
12)Quorum is noted
13)Discussion of recall
14)Vote of recall is taken
15)Results announced
16)if seats are vacated by the recall - nominees are announced
17)Discussion
18)Vote for election of new directors to serve the remaining term of the seat vacated.
19)Results announced
20)Letter with the results and vote count is sent to each member of the old Board, each member of the new Board, the management company and the registered agent.
21)New Board meets
22)Records are turned over from old board (hopefully)
23)appointment of new officers (if needed)
24)State Corporation Commission, bank and vendors are notified of the change.

Since State laws and governing documents vary, the concerned members should verify that this is indeed the process. If the required process isn't followed or improper notice is given the results of the election can be challenged.

Tim

The members would call it. The Board should still send out notice, conduct the meeting, etc. (Tim)

Tim,
I do not understand. Why SHOULD Board conduct the members meeting? Can you please clarify? I would think members should elect a chairman to conduct any members’ meeting.
And, why are you talking about recalling the Board in your post 2419? This is just too confusing.

Dorothy,

I do not think you need to call a special meeting, yet. Just whip out a letter to the BOD stating the vote is invalid and have the owners sign the statement. Hopefully the amendments have not been recorded at this point. IF they were recorded that is another issue.

Dorthy,

You might want to get a group together and get elected to the Board. Then change propose the change.

You should verify that any State laws (hoa and corporate) don't conflict with the new amendments. If there is a conflict, then State law will control.

Tim