AnnieS4 (Florida)
Posts: 29
Posts: 29
Posted:
Can homeowners come to emergency BOD meetings...i read in bylaws and florida statues if unddrstanding they can, however they will not be recognized or be able to participate...is this correct?
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Emergency board meetimgs
Started by AnnieS4 • 7 replies • 1159 views
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JayP3 (Florida)
Posts: 154
Posts: 154
Posted:
An emergency meeting is one where there would be a loss of life or property if it were not called in haste.
Thus the only difference is the notice requirement. An emergency BoD meeting is still a BoD meeting.
Thus the only difference is the notice requirement. An emergency BoD meeting is still a BoD meeting.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
I think that Jay's correct, Annie. I can see no reason why homeowners could not participate in the same way that your bylaws and state laws permit for a regular meeting of the board.
Emergency meetings are rare & we've only had two since I've been on the board during the last 5-1/2 years. I one case we were able to post notices 12 hours ahead of the meeting.
I hope, Annie, that your Board isn't calling so-called emergency meetings when no emergency actually exists.
Emergency meetings are rare & we've only had two since I've been on the board during the last 5-1/2 years. I one case we were able to post notices 12 hours ahead of the meeting.
I hope, Annie, that your Board isn't calling so-called emergency meetings when no emergency actually exists.
AnnieS4 (Florida)
Posts: 29
Posts: 29
Posted:
Well from my understanding it is because one director ask for an audit. The president also stated it was also some other things, but is being hush-hush about what other things, however can homeowners address concerns and participate verbally?
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
I don't see how asking for an audit would be an emergency. In addition, if it's an emergency meeting, and if Florida is like Calif., the agenda must be posted for homeowners to see. There cannot be "hush-hush" agenda items.
Are you sure that the meeting isn't an executive session meeting? If so, homeowners may not even attend.
Are you sure that the meeting isn't an executive session meeting? If so, homeowners may not even attend.
AnnieS4 (Florida)
Posts: 29
Posts: 29
Posted:
He clearly stated thru email to all BODs that it is an "emergency" meeting, but your saying if he meant "executive session mtg" then no homeowners.
JayP3 (Florida)
Posts: 154
Posts: 154
Posted:
Florida has established so called sunshine laws which extend into HOAs. Meetings designated as executive session must meet strict guidelines. Unless you are meeting with legal counsel, discussing pending or current litigation, or matters regarding HOA employs you cannot meet in private. It must be public i.e. in the sunshine.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Given Jay's most recent response, Annie, is it possible that the audit and "other things" have something to do with an employee or Board member? Possible misbehavior of some kind? If so, it sounds like the matters could be discussed in executive session in Florida.
Otherwise, this sounds like it should be a special meeting of the board, which like any other board meeting would permit HOA members to attend and to participate. I still see no reason to call an "emergency" meeting based on what you've written.
Otherwise, this sounds like it should be a special meeting of the board, which like any other board meeting would permit HOA members to attend and to participate. I still see no reason to call an "emergency" meeting based on what you've written.
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