GinaF1 (Florida)
Posts: 7
Posts: 7
Posted:
If a meeting was not posted (Florida HOA)- do the actions of the board then become invalid? What is the remedy if BOD members decide to ignore this fact and continue with these things that were voted on?
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No Notice, meeting invalid?
Started by GinaF1 • 12 replies • 2019 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Gina
Are you saying the BOD voted on something at what you consider an illegal meeting? Even if you are correct, what stops them from properly calling another meeting and voting the same way?
Sounds like you might win the battle but still lose the war.
Are you saying the BOD voted on something at what you consider an illegal meeting? Even if you are correct, what stops them from properly calling another meeting and voting the same way?
Sounds like you might win the battle but still lose the war.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Since there are no "HOA Police", the main avenue of recourse would be through the court via a lawsuit. It pretty much boils down to the board can get away with just about anything if nobody is willing to pony up the money to sue the HOA.
The longer term solution is to elect board members that don't try to pull stuff like this.
The longer term solution is to elect board members that don't try to pull stuff like this.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Do you have a property mgr., Gina? Sometimes their contracts say that they'll abide by state laws. If so, you might be able to put pressure on him/her to make sure the meetings are properly noticed.
Meantime, have you asked the board or a lard member why no notice?
You may have to do what Douglas suggests and rally your fellow owners to recall the Board or vote some out at your next election.
Meantime, have you asked the board or a lard member why no notice?
You may have to do what Douglas suggests and rally your fellow owners to recall the Board or vote some out at your next election.
GinaF1 (Florida)
Posts: 7
Posts: 7
Posted:
I get all of what you are saying. I was trying to avoid a long story...
New president, management company was a cluster fu-daisy... Pres told management company (CAM) no "official" notice was posted (everyone knew the meeting was that night because of social media, but it was not the "official" meeting posting, no agenda sent out, no BOD packets; etc. Management company told Pres "we can just call it an emergency BOD meeting, no notice required."
At the meeting, the BOD appointed two new board members, formed a new committee, voted on bids, and most importantly decided they were going to start looking for a new management company. Next meeting, last night... two homeowners threw a temper tantrum.
So, there is a very long story... Yes, new management company, BOD should be held accountable...etc... I GET THAT.
So, my original question... is everything that was voted on at a meeting that was not posted, now null in void?
New president, management company was a cluster fu-daisy... Pres told management company (CAM) no "official" notice was posted (everyone knew the meeting was that night because of social media, but it was not the "official" meeting posting, no agenda sent out, no BOD packets; etc. Management company told Pres "we can just call it an emergency BOD meeting, no notice required."
At the meeting, the BOD appointed two new board members, formed a new committee, voted on bids, and most importantly decided they were going to start looking for a new management company. Next meeting, last night... two homeowners threw a temper tantrum.
So, there is a very long story... Yes, new management company, BOD should be held accountable...etc... I GET THAT.
So, my original question... is everything that was voted on at a meeting that was not posted, now null in void?
RichardP13 (California)
Posts: 163
Posts: 163
Posted:
Gina
IMO, everything that was done at the meeting, whether properly noticed, will stand, UNTIL someone challenges them in a court of law. As someone mentioned, there are no HOA police.
IMO, everything that was done at the meeting, whether properly noticed, will stand, UNTIL someone challenges them in a court of law. As someone mentioned, there are no HOA police.
MarkM31 (Washington)
Posts: 556
Posts: 556
Posted:
Quote:
Posted By GinaF1 on 04/23/2015 8:25 AM
So, my original question... is everything that was voted on at a meeting that was not posted, now null in void?
So, my original question... is everything that was voted on at a meeting that was not posted, now null in void?
As noted above, everything stands until a legal challenge is upheld. If there was in fact a full quorum, it becomes a issue of no blood, no foul.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Without resorting to the courts, Gina, is it possible to get a bunch of you homeowners together to bring this violation of FL to the attention of your board at the next open meeting??
And pressure them to reconsider their decisions made at the illegal meeting? If the contract with the new PM already has been signed, it may be too late to get the Board to change its mind about that without going through the courts.
But you old PM was waaay out of line by terming that unnoticed meeting as "an emergency meeting," good riddance.
And pressure them to reconsider their decisions made at the illegal meeting? If the contract with the new PM already has been signed, it may be too late to get the Board to change its mind about that without going through the courts.
But you old PM was waaay out of line by terming that unnoticed meeting as "an emergency meeting," good riddance.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
You could inform the Florida Dept of Professional Regulation. As you probably know, Florida legislature was passed a few years ago concerning HOA Board members. HOA Boards are now registered and Board members must sign a formal agreement that states they will follow the laws and regulations regarding the operation of HOAs. It might not change the current situation but it does create a paper trail of a significant problem (blatant violation of Sunshine State laws).
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
Although the Dept of Regulation probably can do nothing. But maybe they could direct you to someone who could help you. Also, anything you send to the property management in writing will become a part of the Association records.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
Although the Dept of Regulation probably can do nothing. But maybe they could direct you to someone who could help you. Also, anything you send to the property management in writing will become a part of the Association records.
AnnH5 (Florida)
Posts: 304
Posts: 304
Posted:
Although the Dept of Regulation probably can do nothing. But maybe they could direct you to someone who could help you. Also, anything you send to the property management in writing will become a part of the Association records.
BonnieG1 (Nebraska)
Posts: 1,186
Posts: 1,186
Posted:
Quote:
Posted By KerryL1 on 04/23/2015 10:19 AM
Without resorting to the courts, Gina, is it possible to get a bunch of you homeowners together to bring this violation of FL to the attention of your board at the next open meeting??
And pressure them to reconsider their decisions made at the illegal meeting? If the contract with the new PM already has been signed, it may be too late to get the Board to change its mind about that without going through the courts.
But you old PM was waaay out of line by terming that unnoticed meeting as "an emergency meeting," good riddance.
Without resorting to the courts, Gina, is it possible to get a bunch of you homeowners together to bring this violation of FL to the attention of your board at the next open meeting??
And pressure them to reconsider their decisions made at the illegal meeting? If the contract with the new PM already has been signed, it may be too late to get the Board to change its mind about that without going through the courts.
But you old PM was waaay out of line by terming that unnoticed meeting as "an emergency meeting," good riddance.
I agree with Kerry, What you described does not sound like an emergency to me. An emergency generally would involve only one or two items.
In 2014 the day after I became President, I woke up to a major problem. A homeowner wanted us to pay for her furnace replacement due to (in her opinion) actions by employees of our new management company.
She wanted us to handle this right away.
I called an emergency meeting to discuss this matter. We hired our PM October 2014 and the problem was from Sept 2014. (according to the renter) Needless to say we did not pay for the new furnace.
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