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LaverneB (Florida)
Posts: 129
Posted:
I have a simple question, I think. I am on the board and we hold weekly meetings, but the doors are closed and you have to make a n appointment to come in and discuss any problems the home ownwers may have. I read this has to be a open door meetings and all who want may attend. But this can get very distracting, as a lot of things arise. Thank You for ant in put. Ye sI read the laws but it is to complicated to figure out. Maybe someone can sum it up. [email protected]
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is your HOA a non-profit corporation? A HOA is a corporation and the owners the shareholders. That means the owners are allowed and are to be informed about their HOA operations. (Even big corporations like Microsoft give out a "Prospectus" to their shareholders detailing the good/bad that the company has been involved in once a year). HOA's are to keep their members informed openly as well.
This is NOT to say you can't have "closed door" board meetings. Usually those meetings are for emergencies or private matters. They have to be called amongst the board members in an appropriate timely and acceptable manner. (Email, letter, phone call etc..). General members can be exempt from these type meetings.
However, board meetings should be OPEN to ALL homeOWNERs/members. It may be time consuming and a "pain" but it should be open. There are rules of meetings either already in the documentation or you can read up here on meeting practices. (Robert's rules etc...)
I will say the EXCEPTION to all of this is the COLLECTION REPORTS. Those should NEVER be OPEN to all members. JUST board members and the DIRECT member. It is NOT proper to reveal the status of what specific people owe. Always refer to the property address or lot # but NEVER EVER the owner's name. That is the ONLY personal area that shouldn't be open to all general members. It can open up a whole can of worms and cause serious issues.
Your meetings IMO should be open. Remember, the money the HOA is spending is EVERYONES money. It's NOT just yours. The HOA is ONLY funded by it's owners FOR it's owners. So don't you think they should all have a say in how it is spent or know?

Former HOA President
BradD2 (Florida)
Posts: 418
Posted:
Laverne, what state? If you are in Florida that Sunshine law is for governmental bodies and not private corporations. However, Florida Statute 720 requires that all HOA meetings be open to everyone, except for those dealing with litigation against a member.
BradP (Kansas)
Posts: 2,640
Posted:
Laverne:

In our state we are required to have open meetings. I know some states are as strict that you have to be careful what you email back and forth because that could be considered a meeting. Bottom line is every board meeting should be open to homeowners, otherwise it gives the impression of impropriety. A few exceptions are personnel matters, ligitation, etc, that are executive sessions of a board meeting and are closed.
JoeW1 (New York)
Posts: 728
Posted:
LaverneB - Typically, if a Board needs to vote on a matter it is a requirement that the meeting be open to owners, an agenda must be posted prominently 24-48 hours in advance of the meeting. If the Board needs to meet in executive,working strategy, or to discuss a private or legal matter the meeting is not required to be open, unless your by-laws state otherwise. Weekly meetings are probably more along the lines of executive or working strategy. The more open/transparent the Board is, the better for everyone. If owners are causing a distraction, the chair of the meeting must admonish them and or close the meeting.

The language contained in the Florida Sunshine Law seems to indicate it does not apply to private non-profit corporations/entities. However, in many ways an HOA Board serves oversight capacity to it's residents IN LIEU of local government (cc&r's, parking restrictions, municipal services, etc.). Additionally, The Sunshine Law states, "the law has been held to apply to private entities created by law or by public agencies". See page 12 of 269. An HOA is a private entity created by law through a Developer's Agreement with a municipality and it's planning board. If it were me, I'd press the Florida Attorney General to provide a definitive statement that the Sunshine Law does not apply to a homeowners association, and seek a method to make it apply.
JoeW1 (New York)
Posts: 728
Posted:
LaverneB - State statute also supersedes and Florida Statute 720 does require all meetings to be open notice of which must be posted 48 hours in advance.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
LavernB:
It appears from posts you have received that it is Fla. law to require all meetings be open notice 48 hrs. in advance to residents.
From your post, you state it is distracting for residents speaking at meetings.

I would think you could set the 'rules' for the residents who wish to speak--whether they speak at a time designated for them either at the beginning or end of a meeting, and only to speak for a certain time, 1-2 min. Also, it is important that residents understand even though they are airing a question or concern, they do not have to be given an answer or solution at that moment--perhaps the Board would want to go into private session for certain problems.
It seems that something could be worked out to make it work for all. I'm sure other posters on here would have suggestions for you as to how they allow their residents to speak and in an orderly manner.
BradP (Kansas)
Posts: 2,640
Posted:
Paul:

You are correct, your board president typically sets the tone for meetings. A lot of associations have a designated area in their agenda to hear homeowner concerns and each person has a set amount of time to speak. We are more liberal with ours and allow comments on each item the board is discussing. It hasn't caused us much of an issue yet.
BradD2 (Florida)
Posts: 418
Posted:
Florida Statute 720 also gives home owners an opportunity to speak for at least three minutes.

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