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YvetteR (Florida)
Posts: 24
Posted:
At our last BOD Meeting the Event Committee Chairperson claims that the reason the BOD did not attend our Christmas function was because if 2 or more attend it meets a quorum for a meeting. I never heard of such a thing. I was part of a Board in NY and we had several functions threw out the years where several of us use to attend at the same time.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Yvette, are you on the Board? How many members are there on the Board?

You need to learn more about your state's HOA board meeting laws. I believe that the committee chair may have misinterpreted Florida's version of some sort of open meeting act. You should find that portion of your statute and copy it for your Board.

I think that it's similar to ours in CA where a majority of the Board, except at a noticed open board meeting, may not discuss or deliberate "upon any item of business that is within the authority of the board."

So, in CA, a majority of directors certainly may attend all kind of functions so long as a majority conversing with one another do not discuss Board business. A majority of our Board almost always attends our social functions. Our building engineer gave a majority of us directors a tour of our mechanical equipment rooms so that we understood our high rises better. Our Mgmt. Co puts on an annual half-day seminar for directors covering its services, personnel, and updates us on CA legislation.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By YvetteR on 06/08/2013 1:02 PM
At our last BOD Meeting the Event Committee Chairperson claims that the reason the BOD did not attend our Christmas function was because if 2 or more attend it meets a quorum for a meeting. I never heard of such a thing. I was part of a Board in NY and we had several functions threw out the years where several of us use to attend at the same time.

So in Florida when attending an event involving an HOA a majority of the Board can attend but they cannot dare discuss HOA affairs or even give the impression they are. More than likely they are being watched by the HOA police! And if they did they would be in violation of Florida's open meeting laws and subject to jail time!

In NY the Board members could atend and discuss any subject among the entire Board and not risk criminal prosecution.... Whew.... I don't want to do jail time foe attending an X-Mas party!
YvetteR (Florida)
Posts: 24
Posted:
No, I am not on the Board nor wish to be. I did my share back home. I just attend meetings whenever I can and am in town. I am trying to understand the laws in Florida.
YvetteR (Florida)
Posts: 24
Posted:
No, I am not on the Board nor wish to be. I did my share back home. I just attend meetings whenever I can and am in town. I am trying to understand the laws in Florida.
YvetteR (Florida)
Posts: 24
Posted:
No, I am not on the Board nor wish to be. I did my share back home. I just attend meetings whenever I can and am in town. I am trying to understand the laws in Florida.
YvetteR (Florida)
Posts: 24
Posted:
There are 3 members in our HOA.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I never got that rule cause my BOD are my neighbors! So if it's a social event, then the more the merrier... Just don't talk business. Social events in my opinion should NOT be paid for by the HOA in the first place but that is another thread...

Yes, it can be construed that more than 2 members together counts as a meeting. However, it depends on the circumstances and if people really care about that perception...It also may be an excuse the BOD are using to avoid the social events.

Former HOA President
GlenL (Ohio)
Posts: 5,491
Posted:
Yvette the statute they are referring to is 720.303 (2)(A)A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

So technically even if they remark on inconsequential HOA matters, condition of the landscaping, or even the Christmas function they could be accused of holding a meeting without notice. Now I know that sounds ridiculous and is on its face but there are "Regulation Charlies" out there that look for the simplest excuse to stir up trouble.

Or and this is a big OR, maybe they didn't want to attend and were looking for a believable excuse.

Studies show that 5 out of 4 people have problems with fractions
YvetteR (Florida)
Posts: 24
Posted:
Melissa and Glen I do agree with you. I do think this is just an excuse not to attend. They where the ones with the big idea to have an Event Committee for the community in the first place.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again, this event committee thing is a slippery slope. The HOA's money is EVERYBODY's money. So not sure everyone would or should agree that having parties with that money is all that agreeable. Especially when there are some outstanding maintenance issues getting ignored.

I am all about social events for my HOA. Formed a few of them myself. However, they were "Potluck" type of events. No HOA money was spent. We just used the clubhouse since we owned it. It is a good way to get people to know each other outside of meetings. I find more information can almost be spread when things are kept on the social end than the professional meeting end. I found out what my members really wanted. Which as a BOD is what I am supposed to represent.

So just be careful on these social events as they can get kind of "Judgemental". Your already judging why board members aren't showing up. Which can leave some bitterness in the air when it comes to getting the HOA job done. Should they show up? If they want to.

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
Thanks for the exact quote about open meetings in FL, Glen. The way I read it, the key phrase defines a meetings as, "whenever a quorum of the board gathers to conduct association business." "Conduct" means to discuss, debate and decide about HOA business.

A quorum of the Board at a social event saying among themselves, "oh, the flowers are so pretty," or "this party is fun" cannot remotely be described as "conducting business." If the comments are "inconsequential," they do not involve the "conduct" of business. But perhaps one director among a quorum adds, "I like the flowers too, but think we should replace them with perennials to save money on our landscaping contract." Another director should add, "let's put the topic on our next agenda and discuss it at a meeting."

Re: Glen's extreme example when he speculates that "Regulation Charlies" will cause trouble: Most owners don't know the laws. Many owners do not even know who the directors are. In my HOA of 7 directors, while there often are more than a quorum of us at social events, it's rare that 4 of us are standing around in a small group talking together, and certainly not about our HOA. We're at the party to have fun. W talk about new restaurants and construction projects in our neighborhood, sports, and vacation plans just like everybody else.

It's also important to recall that fewer than a quorum may talk about whatever they wish--HOA biz or not--outside of meetings.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As Carol said:

It's also important to recall that fewer than a quorum may talk about whatever they wish--HOA biz or not--outside of meetings.

This is important to remember.

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