Naïve question regarding waiving

It seems to suggest any member may waive his/her right to meeting notices.

But 720.303 contains the following:

Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners’ association. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. The bylaws or amended bylaws may provide for giving notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members; however, a member must consent in writing to receiving notice by electronic transmission.

To see the entire section go here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.303.html

Though one may elect to be omitted from notices individually it does not relieve the HOA from making notices to the membership as a whole which makes waiving moot.

So it seems your docs. are trumped in this issue.

Robert,

Typically meetings require x days notice (lets say 30).

Sometimes an emergency happens and you need to hold a meeting now, not in 30 days. Therefore, you call everyone and say we are meeting next week. When this happens, everyone needs to sign a waiver of notice. This way the meeting was considered in compliance. Meetings always need to be in compliance with any requirements (notice, quorum, etc.) in case a decision made at the meeting is ever challenged.

I have only ever seen Board members sign a waiver of notice. I've never seen one for the general membership (but it could happen).

Thank you for the replies. We only have 13 members at the present time in our Association so giving notice isn't that big of a deal. I just get confused sometimes by the wordage in some of the documents and I'm making an effort to understand as much as I can about them.

After reading and understanding your docs. be sure to puruse the state statutes, Chapter 720, for HOAs.

In many cases these [statutes] will supercede your docs. as in this case.

Thanks, Peter. I'll add it to my list.

Robert

When you say only 13 members at present, might we assume the declarant is still in control?

If so, the declarant can pretty well decide to do whatever they want to do.

Ellie

Getting to cold to skinny dip in the Northeast Kingdom...you need to come south for the winter.....LOL