FL HOA/Help!/Committee Conf. Calls?

Started by StoshS • 11 replies • 2411 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

StoshS (Florida)
Posts: 6

Posted:

Hello Fl HOA members,

I'm new here.

I have been searching for references for the legality of conducting Florida HOA committee meetings via conference calls...when needed.

I am a committee member on a Landscape committee and was told by the chairperson of the committee that it is illegal to hold a meeting via conference call.
The meeting will be noticed and take place in a public location.

I know that Florida condo Board meetings take place on conference calls. I cannot find anything in our docs or FL statutes that specifically address HOA committee meetings taking place via conference calls when necessary.

Can anyone help me with this?

Much appreciated
Stosh

RobertB31 (Florida)
Posts: 15

Posted:

718.112(5) covers conference calls but it still has to be a noticed meeting with at least one board or committee member present. Committee's have to follow same statues as board.

StoshS (Florida)
Posts: 6

Posted:

718.112(5) covers condo law.
I can't find anything under HOA.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Stosh,

We have open meeting laws for both public agencies and associations. The wording is nearly identical between them. The attorney general has repeatedly warned state agencies to not meet by conference call except in an emergency. I believe that law allows the board to adopt a motion only if all members are in agreement and then they must inform the owners at the next open meeting, affirm their action, and insert the motion into the minutes.

The AG has advised that the purpose of the open meeting law is to make deliberations above board and that purpose is defeated by any form of private communication among board members outside the regular meeting.

FredS7 (Arizona)
Posts: 927

Posted:

> was told by the chairperson of the committee that it is illegal to hold a meeting via conference call.

Really. People who SAY something is illegal need to be immediately challenged to provide a source for the contention.

Having said that- meeting with a phone participant tend to be inefficient and annoying. This may be getting better but they are still an undesirable alternative.

StoshS (Florida)
Posts: 6

Posted:

I have a bumper sticker that says...Question the Answers

StoshS (Florida)
Posts: 6

Posted:

Unfortunately, in FL there are 2 statutes concerning Condo law and HOA law.
Condo law is a lot more detailed than HOA law.

The Condo Boards frequently meet via teleconference because there are so many part-time members...north and south.

I find nothing in HOA statutes concerning HOA committees.

thanks

RobertB31 (Florida)
Posts: 15

Posted:

Florida State Statue covering condo board or committee members 718.112

5. When any of the board or committee members meet by telephone conference, those board or committee members attending by telephone conference may be counted toward obtaining a quorum and may vote by telephone. A telephone speaker must be used so that the conversation of those board or committee members attending by telephone may be heard by the board or committee.

RobertB31 (Florida)
Posts: 15

Posted:

If your looking for a statue for Homeowners association on conference calls and you are a corporation then refer to section 607.0820 there is nothing in the 720 statues.If you are still unsure then it's best to seek a legal opinion.

StoshS (Florida)
Posts: 6

Posted:

For what it's worth, I did ask the Fl State Librarian at the My Florida site.
If I hear anything, I will post it here.

GenoS (Florida)
Posts: 4,276

Posted:

You might also want to look and see if your governing documents specify that meetings should follow Robert's Rules of Order. The latest edition (11th pub. 2011) covers teleconferences. I'm still waiting for my copy to arrive, but I think as long as everyone can clearly hear everyone else when they speak then it's acceptable to procede and remote participants count for purposes of having a quorum.

StoshS (Florida)
Posts: 6

Posted:

checked Roberts Rules:
Question 19:
Can we hold our board meetings by conference telephone call?
Answer:
You may hold board meetings by conference telephone call only if your bylaws specifically authorize you to do so.

However this was sent to me:

HOA Committees are regulated by FS 720.303 – same as board meetings.

Meeting has to be noticed and being held in a place accessible for the public.

If members participate by speaker phone, the committee member has to be able to understand every word said at the meeting (as well by the audience if necessary) and everybody in the room has to be able to understand what the committee member says.

go figure.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here