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HOA Board Meeting to discuss personnel (FL)

Started by MarthaW1 • 10 replies • 2665 views

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MarthaW1 (Florida)
Posts: 2
Posted:
Our Board of Directors will be meeting to discuss hiring a maintenance person. The FL Statutes state it can be a closed meeting. It does not state whether this meeting has to be posted 48 hours prior to the meeting. Can anyone direct me to a document that states whether this meeting has to be posted or not? Thank you.
TimB4 (Tennessee)
Posts: 21,059
Posted:
From FL 720.303 (2) [emphasis added]:

The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to provide the following:
1. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners’ association. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. The bylaws or amended bylaws may provide for giving notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members; however, a member must consent in writing to receiving notice by electronic transmission.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Oh, I wanted to add that if your discussing who specifically to hire, I think it's a good idea to have those debates in private. However, if you're simply discussing the need of a manager in general, then I believe that that discussion should be in an open meeting.
KerryL1 (California)
Posts: 14,550
Posted:
Ditto to Tim's 2nd post.
RwT (Florida)
Posts: 154
Posted:


Florida 720.303 in part states:

"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."
* Non-Lawyer spokesperson.
RwT (Florida)
Posts: 154
Posted:
It goes on to state:

"Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors."

Notice it says "...meetings between the board or a committee and the association’s attorney..." not a typical BOD meeting.
* Non-Lawyer spokesperson.
KerryL1 (California)
Posts: 14,550
Posted:
RwT, the final part of your citation says "...or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors."

This seems to say that no attorney is required at a board meeting when a personnel matter, the possibility of hiring a particular person, is under discussion, right, RwT?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RwT on 08/15/2014 1:45 PM
It goes on to state:

"Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors."

Not opened to the membership is not the same as not requiring notice to be given.

I'm not an attorney, but to me the statutes require notice of all meetings regardless if members may attend or not.
KerryL1 (California)
Posts: 14,550
Posted:
I see I lost sight of the OP's original question. Tim's citation says all meetings must be noticed. Also buried in the citation is that the notice must include the agenda.

The law is similar to ours in CA (though we only need to post the agenda 2 days before executive session (a closed meeting).
MarthaW1 (Florida)
Posts: 2
Posted:
I believe the bottom line is that all board meetings have to be noticed regardless of what is being discussed. All board meetings, however, do not necessarily have to be open to the residents if an attorney is present or you are discussing personnel. Thanks for your input. It was very helpful.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarthaW1 on 08/15/2014 4:31 PM
I believe the bottom line is that all board meetings have to be noticed regardless of what is being discussed. All board meetings, however, do not necessarily have to be open to the residents if an attorney is present or you are discussing personnel. Thanks for your input. It was very helpful.

Martha

I am not nor do I play a lawyer.

Discussing if to or not to create a maintenance person position is not a personnel issue and should be open to all. Reasons for such, duties, qualifications, etc. should be open for all to discuss.

Once decided to create such, the interviews, compensation package details, reviews, etc. of a specific people do not have to be open to all. They are personnel issues.

Having such a person would create a line item (cost) in the budget and this line item could be open to discussion but the particulars of the line item (salary, benefits, medical, insurance, etc.) are personnel issues and do not need to be open to all.

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