Opinion in a Gen. HOA meeting

Started by NadeneH • 10 replies • 1743 views

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NadeneH (Florida)
Posts: 2

Posted:

Recently I was told my husband and I that are both HOA members, that only one of us were permitted to offer an opinion on a topic. I have never heard of this as far as opinions but I do know there is only 1 vote per household in an election. Has anyone heard of this before? If so is there a rule or bylaw I can refer to?

TimB4 (Tennessee)
Posts: 21,060

Posted:

Was this at an annual meeting or a Board meeting?

If it was at a Board meeting, the Board can typically make rules (how long, when, etc.) regarding members participation in Board meetings. Although I've never heard of such a rule, if there were a lot of lots that wished to offer an opinion on an issue in an allotted time frame, I could see a Board adopting some sort of rule like that.

Personally, I would allow any and all who desired to speak an opportunity to be heard. However, every Association is different.

BillH10 (Texas)
Posts: 1,217

Posted:

I have lived in associations in California and Texas and have never heard of such a rule. As with TimB4, I can see how it could be reasonable to impose such a limitation under some circumstances.

KerryL1 (California)
Posts: 14,550

Posted:

In CA, every owner may speak at open forum though time limits and even numbers of times each may speak can be limited by the board. So our board would not hav such a rul.

FL may permit boards to limit speakers to one per household, but I doubt it. Your answer will be in your relevant stye statutes.

KerryL1 (California)
Posts: 14,550

Posted:

FredS7 (Arizona)
Posts: 927

Posted:

It would be appropriate to allow each unit an equal amount of time if time-limited.

It would also be appropriate to allow each unit to speak once before going around a second time.

Realistically, if husband and wife cannot speak with one voice on HOA matters, I would fear a future partition action.

KerryL1 (California)
Posts: 14,550

Posted:

Ooh, Fred, I disagree. My spouse and I do not always think alike on every issue. If we did, we each would lose a lot of respect for the other.

Unless AZ law lets Board limit speakers to one per household, or defers to a Board's bylaws on that topic, I don't believe that Boards are permitted to limit speakers to one per household.

Nadene, again, see your state laws. Meantime, ask the board where in your bylaws this restriction is stated.

FredS7 (Arizona)
Posts: 927

Posted:

> My spouse and I do not always think alike on every issue.

Well if you don't agree on HOA matters then you can't vote. As far as I know there is always one vote per unit.

NadeneH (Florida)
Posts: 2

Posted:

Thanks everyone for your input, it was very helpful. I have went through the bylaws and found nothing. Only thing close about one person per household pertains to voting. This was the annual meeting an I found nothing there. I think someone was "confused". Thanks everyone!!!!

TimB4 (Tennessee)
Posts: 21,060

Posted:

It wouldn't be in the bylaws. Rules/regulation are typically simple resolutions adopted by the Board.

DanielM10 (Maryland)
Posts: 2

Posted:

Florida law: "Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item." If you and your spouse are both owners (even of the same property) then this law covers EACH of you.

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