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MarleeS (Florida)
Posts: 50
Posted:
I am asking many questions about our FL HOA annual meeting.
We have NEVER had a quorum to hold the membership meeting.

We are optimistic that we will have one for next week's annual meeting.

The HOA Pres. claims that we are restricted to only 3 mins and can't repeat the same subject at the annual membership meeting.
Nothing in by-laws.

It is a membership meeting. How can the Pres. place restrictions on a membership meeting??????

Anyone have any experience with this?
MarleeS (Florida)
Posts: 50
Posted:
Too bad I can't edit my subject line...
SPEECH!
GlenL (Ohio)
Posts: 5,491
Posted:
720.306 Meetings of members; voting and election procedures; amendments.—

(6) RIGHT TO SPEAK.—Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item, provided that the member or parcel owner submits a written request to speak prior to the meeting. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.

Studies show that 5 out of 4 people have problems with fractions
MarleeS (Florida)
Posts: 50
Posted:
I did see that.
It doesn't make sense for a membership meeting....FL recently passed a 3 min rule for board meetings meetings.

Just wondering if anyone here has ever been to a FL annual membership meeting with a quorum to allow the members to hold their own meeting.
What did you do?
GlenL (Ohio)
Posts: 5,491
Posted:
Marlee, I'm sorry you don't like the answers but it makes perfect sense. I don't know what your quorum requirement is but say 30 homeowners show up and want to speak - 30 X 3min is 90min, 30 X 4min = 120 min and 30 X 5min = 150min.

Studies show that 5 out of 4 people have problems with fractions
MarleeS (Florida)
Posts: 50
Posted:
Well, the 3 mins is in that statute....I'm afraid we have no other legal back up.
However...there is nothing about repeating subjects.
MoM (Massachusetts)
Posts: 10
Posted:
Read that rule very carefully--it says "at least 3 minutes" not that 3 minutes is the maximum allowed.
MarleeS (Florida)
Posts: 50
Posted:
This is getting funny...I just told my husband that we are stuck with 3 mins. and he just came back with the same answer that you did.
I can't wait until this is over and I can get to a real life!

thanks!
CarolR11 (Colorado)
Posts: 2,563
Posted:
What's on your annual meeting of thee members agenda, Marlee?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
I read it to say they shall be given at least 3 minutes to speak. I read it to say they could be given more but also I read it to say they could be limited to no more then 3 minutes and the conditions of the law are met.

You have 3 minutes to speak.
MarleeS (Florida)
Posts: 50
Posted:
I think we will have at least 40-50 members attending...things are heated. There are 135 households.

First on the agenda is...establish an independent ARC.
Right now the Board IS the ARC.
We have 8 items and the general members will certainly have more.

I really will be thrilled when this is over. There really isn't much one can do until the next election.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Marlee

What would be your definition of an "independent" ARC Committee?

Thanks.
GlenL (Ohio)
Posts: 5,491
Posted:
Or the BOD could agree to establish an ARC committee and then appoint themselves to the committee.

Studies show that 5 out of 4 people have problems with fractions
MarleeS (Florida)
Posts: 50
Posted:
John
Independent of the Board...different people...a volunteer committee that reviews architectural submissions and then approves or disapproves and sends to the board.
Right now the board and ARC are the same.
not good.
PeterD3 (Florida)
Posts: 708
Posted:
The statutes and comments thus far have been specific to BOD meetings not annual/members' meetings.

An agenda item for the annual meeting should contain the following item: New Business.
In this category, members can introduce any new item for consideration. The presiding officer introduces the category by asking, "Is there any new business?" Any member can then introduce new items of business by making a motion and obtaining a second. Following the consideration of each item, the chair repeatedly asks, "Is there any further new business?"

This process continues until there are no additional business items to come before the assembly. This category is used for discussion purposes only. If the introduced topic requires a vote of the membership to approve, like an amendment to the governing documents, all members must be advised of it in the Notice of Meeting.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MarleeS on 03/13/2013 1:49 PM
I think we will have at least 40-50 members attending...things are heated. There are 135 households.

First on the agenda is...establish an independent ARC.
Right now the Board IS the ARC.
We have 8 items and the general members will certainly have more.

I really will be thrilled when this is over. There really isn't much one can do until the next election.

Marlee I thought this was your annual meeting but the comment about the next election confuses me, just what type of meeting is this? If it is a special meeting then you are limited to the topic for which the meeting was called. Even with an "independent ARC" the final authority rests with the Board so they would still have the power to overturn any ARC decision. Homeowners are limited to what they can motion and vote on at a meeting, they can request the Board do A, B & C but for the most part, they can't force the Board to do them. Homeowners elect the Board which is then responsible for the day to day operation of the HOA.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Okay let's just say that I am temporarily been taken over by JonD's spirit for a moment here. A 3 minute speech is more than enough to make anyone's point. If you can't make your point in 3 minutes or less then you don't have a point you have rambling ons...Sorry but sitting through a 3 minute speech is excrutiating and then have 10 other people after that with the same limit would put me over the edge...

Imagine this: Have your spouse write a 3 minute speech on changing the oil in your car and listen to it. If you don't lose interest or points to be made at the 2 minute mark I would be amazed. Even debate teams limit their debate speeches to 3 minutes or less with a 1 minute response.

Funny how one wants to give a long 5 minute speech on complaining about their HOA and their lack of following the rules but never a 2 minute speech on why they would run for an office position and the changes they would make elected...

Former HOA President
MarleeS (Florida)
Posts: 50
Posted:
Glen

I meant next year's election. There is not much we can do until then.
That is why we are trying what we can do this time around.

Sometime I will start a thread here asking for HOA horror stories. I think it would be a good one because we have many. I'm sure everyone does.

To start, when I was on the Bd we actually recalled an alcoholic president for spending our funds on phone calls to the governor and lawyers without approval (that was just a sample!) Our mgm't said they had never heard that before...recalling the president of a Bd.

The Bd now collected proxies the day after a member announced he was going to run. They got the jump on him because they want to remain in control.
People here say one should reelect a new board.. It is not that easy when you have control freaks with big egos
willing to go to any length to keep that control.

Thanks again for this forum.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MarleeS on 03/13/2013 11:32 AM
The HOA Pres. claims that we are restricted to only 3 mins and can't repeat the same subject at the annual membership meeting.

Just as an FYI -

According to parliamentary procedure, such as Roberts Rules, only the membership (not the president) can limit debate at a meeting of the members. That is, a member can make a motion limiting debate to 3 minutes, and, after that motion is debated and voted on, if accepted by the majority of members, debate would thereafter be limited to 3 minutes.

However, most HOAs do not adhere to strict parliamentary procedure, let alone Roberts Rules, (nor do many HOA directors and officers understand them). Only a handful of states and HOA governing documents require HOAs to adhere to Roberts Rules.
KevinK7 (Florida)
Posts: 1,343
Posted:
You could go around the neighborhood and collect proxies as well, including from those who already gave one to the BoD. Their proxy to you will invalidate the BoD's earlier proxy and give you a jump on them for they probably won't think twice about recollecting proxies.

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