Minutes at annual homeowners meetings

I am told that minutes are not required under Florida 720 if a quorum is not present at a Homeowners anual meeting. I have looked and nowhere can find that. I was under the imprestion that a quorum would only apply if a vote of some sort was to take place. Can anyone give me some input on this?

Recently Over the last 3 years the board has tried to get street lights installed. It was voted down by a large majority 3 times. This year at a Board meeting 2 of the 5 board members voted to install the lights knowing what the homeowners wanted plus spent $5,494.00 prior to having lights installed and signed a 10 year contract with local eletric company without homeowners knowledge. Is this legal?

Who inforces Florida Statue 720?

Mike,

To answer my own question:

1. You can't unspend money that has already been spent. You can demand that any remaining funds authorized by the illegal vote not be spent. It is also possible the board members who voted to spend the money at a meeting where there was no quorum could be held personally liable for whatever has been spent.

2. The electric company will likely hold the HOA to the contract. One would likely have to sue in court on the grounds that the contract is null and void because it was authorized at a meeting for which there was no quorum. It might take a court order to set aside the contract with the electric company.

If three board members made a quorum, then 2 could pass the motion.

Real issue is: Is this motion within the board's powers?

They can enter into contracts, but there may be paramenters around those.

The minutes of this board meeting would be very interesting.

Mike,

Upon re-reading your OP, it is a little confusing. You first speak of a quorum at an annual homeowner's meeting, which has nothing to do with your second paragraph which speaks of a board meeting.

Susan has a point. If a majority of the board makes a quorum (3 out of the 5 members), then a majority of those meeting (2 out of the 3) can pass a motion, unless your bylaws or some other documents say otherwise. All board meetings, however, do require minutes (quorum or not).

Here's what you haven't told us:

How many board members are required for a quorum at a board meeting?

What is the vote required at a board meeting for a motion to pass?

Is it a majority of those present at a meeting at which a quorum exists? (In which case it could be possible for two board members to pass a motion.)

Or, is a majority of the board members required for a motion to pass? (In this case if a majority of the board members is required for a quorum and only three members attend, the vote would have to be unanimous to pass.)

Check the wording in your bylaws.

The VP of the management company has been doing this for 20 years? Well, fancy that. I've been dealing with parliamentary procedure for over twice that long and I'm still learning! He who thinks he has nothing more to learn is a fool. Ask him to show you where in FL Statute 720 it says that. He probably can't. Then ask him if he's heard of FL Statute 617 which covers "Corporations Not For Profit", which most likely covers your HOA. Section 617.1601 (1) states, in part: "A corporation shall keep as records minutes of all meetings of its members and board of directors...." (emphasis mine). Parliamentary procedure (ie., Roberts Rules) also requires minutes for all meetings.

It sounds to me like the "vote" is null and void. There was no "meeting" because:

1. The meeting wasn't duly noticed.
2. Association members were not given the opportunity to attend, (I believe FL law requires this.)
3. There was no quorum.

The management company participated and I think they should have advised against this. If they are required to be licensed, they probably could be reprimanded and/or sanctioned.

I did ask this person to show me and I had a copy of 720 with me that is when he told me he had been in this buisness for 20 years. He then left the room. He appeared to be the type of person you could not reason with so I would rather not try.

As far as the meeting with the board and the voting in of the lights I have sent in a complaint to the states attorneys office. Iwould like to punish the boad and the management company as much as possible. They have done much more I rather not get into. Furthermore I have sent Governor Rick Scott asking who inforces 710 and if not why they have agencies for DOT, DEP, OSHA and other a law is a law.

Mike,

You may like to drop a note to these guys also. They ‘regulate’ Florida Management companies.

http://www.myfloridalicense.com/dbpr/pro/division/Servicesthatrequirealicense_cam.html