FL ss 723 HOA meetings closed to non dues paying homeowners

Michael,

I am not that familiar with those statutes. I am also not an attorney and do not work in the legal profession. Based on my experience, all members are allowed to attend the meeting. Only members who are current in their assessments may vote on any issue before the membership.

Is your Association voluntary (in that you only pay dues if you want to) or is it mandatory (in that everyone must pay assessments)?

If it's voluntary, I would then be more likely to agree that only those paying dues should be in attendance at the meeting. However, I haven't read your documents nor, as I said, am I familiar with that statute. Therefore, that opinion could change.

Assuming you are incorporated under FL720...

In Florida you absolutely CAN NOT close meetings to members BECAUSE they are behind in dues or otherwise owing the assn. monies.

The statutes CLEARLY define the limit of 'suspension' authority.

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—(2)(a)

"An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park."

A member is any owner of property within the HOA, period.

A member 'in good standing' is another thing.

Good luck with your BOD, they sound very well informed... NOT!

Thanks for all your replies. As I said, the articles of incorporation state that ALL homeowners and their successors are members of the HOA. The homeowners who pay dues can vote on HOA items and can speak up during HOA meetings, the non dues paying homeowners are not allowed these privileges. The HOA dues are voluntary, however the HOA decisions affect all homeowners! Less than 1/3 of the homeowners pay dues to the HOA because they believe it to be ineffectual.
All homeowners should be allowed to sit in on the monthly meetings to find out what the HOA is doing/ going to do and be able to decide whether they want to become an active dues paying HOA member.

After a 'reload' and revisiting the question, the statutes do not appear to have a provision for meeting exclusion based on delinquent dues, fines, etc. though I mat have missed it. It does state:

723.078 Bylaws of homeowners’ associations.— (1)(c)
(c) Meetings of the board of directors shall be open to all members, and notice of meetings shall be posted in a conspicuous place upon the park property at least 48 hours in advance, except in an emergency. Notice of any meeting in which assessments against members are to be considered for any reason shall specifically contain a statement that assessments will be considered and the nature of such assessments.

At first blush it would appear the President is out of line.

Yea, that's basically what I said.

Hi Peter:

As you are from FL my concern under the FL statues Section 723 as noted by the OP is the following concerning your above posting referencing 723.078:

723.075 Homeowners’ associations.—(1) In order to exercise the rights provided in s. 723.071, the mobile home owners shall form an association in compliance with this section and ss. 723.077, 723.078, and 723.079, which shall be a corporation for profit or not for profit and of which not less than two-thirds of all of the mobile home owners within the park shall have consented, in writing, to become members or shareholders. Upon such consent by two-thirds of the mobile home owners, all consenting mobile home owners in the park and their successors shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, and such restrictions as may be properly promulgated pursuant thereto. The association shall have no member or shareholder who is not a bona fide owner of a mobile home located in the park. Upon incorporation and service of the notice described in s. 723.076, the association shall become the representative of the mobile home owners in all matters relating to this chapter.

Potentially my question to the OP would be has this provision been met or exceeded?

My response was based on the assumption of two things:

1) the person(s) is a/are member(s).

2) The person is not paying dues (as in delinquent).

So if they are a member, but delinquent, they can still attend.

If there's no association because of insufficient consent then the question is moot.

So how is there a President, etc.?

Michael,

With all do respect, you will not get a definitive answer here.

We can help with what to ask but you have (seem to have)read the statutes as well.

You will need to seek the advice of a professional.