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FrankF5 (Florida)
Posts: 4
Posted:
Hi,

I live in a HOA in Florida and currently serve on the Board. We are are a 78 unit association. My concern is when a agenda items concerning monetary expenditures are discussed at our monthly meeting I never see the item until the actual board meeting. My question is it permissible for bids that are placed on the agenda be given to the board members a few days prior to the actual meeting for review?

Thank you for your inputs.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, yes. However, discussion and questions should be done at the meeting.

Many Associations do this.

However, some Assocaitions won't disseminate the material until the actual meeting for various reasons. So, even though it may be permissible, your Board could still choose to wait.

Keep in mind that if you need more time to review, it's ok to make a motion to table the decision until the next meeting in order to give everyone time to review the material.
NpS (Pennsylvania)
Posts: 4,216
Posted:
You could propose that the Board receive copies of all contracts/proposals in excess of $X at least Y days before a meeting. Have the board vote on it. If it passes, you have a policy more to your liking.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
With others, Frank, our board sees all "financials" about 5 days before the meetings. That way, we can read and digest the numbers or compare the bids.

Is there anything in FL statutes that say directors cannot see these data before a board meeting?
GenoS (Florida)
Posts: 4,276
Posted:
We rarely send out anything to our board members ahead of the regular meetings, although we do publish an agenda well in advance. Often we don't get any reports from the various committees until the day of the meeting. If I didn't also serve on our Finance Committee, I wouldn't see many of the things that end up being discussed in advance. Since becoming secretary, I print off the agenda and whatever reports I do get ahead of time and give copies to the rest of the board before the meetings start. Our president doesn't like that (he thinks it sets a bad precedent in that the board will come to expect it in the future, and future secretaries might not want to do it since it's technically not required), but I do it anyway. For now.

We do often table proposals and bids for a month so that the board can review them before taking action. It's part of what makes the wheels turn slowly here. It's not unusual for some things, simple things, to take months to get done.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We only got the financial statements the day of the meeting. Since we had open meetings, we would discuss them in front of everybody. The board would only get copies of the Collections report but everyone could have a copy of the expenditures.

The collections we discussed but not in terms of names. We reference people by lot # only and what actions we taking. Since we had a 6 month we lien policy, we only had to worry about those homes. Making sure that members knew we held up that policy and we took action against non-payers.

The expenditure report was basically our whole meeting. It was all our expenditures the month before. So it's a 20/20 hindsight kind of thing. We were open about what we spent the member's money on. We also discussed what other upcoming expenditures we may have. That way by the next meeting it would reflect on the reports.

I don't have a problem with the board reviewing before members. The board member's job is to represent the entire HOA on managing the money on their behalf. So it would make sense for the board to want to be on the same page and clear prior to presenting the details to the membership. It is NOT hiding or doing things behind anyone's back. Believe me, since we only met openly 1 time a month, it would been great to been able to do that prior to meetings. That way we as a board were on the same page and able to respond to questions at the meeting.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Melissa's reply reminds me that I misstated mine above. I said the "Board" receives all financials about 5 days before the open meeting.

I SHOULD have said, individual directors see these 5 days be fore the open meeting. In CA, a quorum of the Board may not discuss the financials with one another prior to the open meeting. So far as i know directors do not violate that statute.
FrankF5 (Florida)
Posts: 4
Posted:
Thank you to everyone who responded to my question.

To clarify, I was just concerned with bids for various projects for HOA common areas upkeep and repair requiring monetary expenditures.
I could not find anything in our CC&R's or the Florida Statues 720 that either allowed or prohibited the dissemination of the material to the board prior to our monthly meeting. I want to make sure I am making an informed decision on those agenda item requiring payment.

I can contact the President of the Board and discuss it with her.
AnnH5 (Florida)
Posts: 304
Posted:
It seems that it would be in the best interest of the community if the Board members received bids to review prior to meetings. That way, the Board will be prepared to discuss and it also gives the Board members time to do research on each vendor who is bidding. My observation has been that a lot gets tabled because inevitably a Board member wants a question asked prior to making a decision.
AnnH5 (Florida)
Posts: 304
Posted:
It seems that it would be in the best interest of the community if the Board members received bids to review prior to meetings. That way, the Board will be prepared to discuss and it also gives the Board members time to do research on each vendor who is bidding. My observation has been that a lot gets tabled because inevitably a Board member wants a question asked prior to making a decision.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, the same with bids for our board. They come in our board packet 5 days before our meetings. We have a GM, so usually she recommends one as a part of her monthly manage,meant report that's in our directors report (board pocket).. I sometimes go online and research the firms depending on the nature of their business. Some other directors do too,
some don't.

If you cannot view them in advance you'll find yourselves like Geno where action often will need to be put off for a month because no director will have had time to digest the information. Of course, once you get your questions answered that you ask at the original meeting, you could call a special meeting of the Board to discuss the firms and vote on a decision. That way, you wouldn't have to wait a month.

Right, it's unlikely you'd find guidance in your governing documents about this topic. It sounds like you're self managed, Frank, so who would compile the bids and distribute them to you in advance of the meeting? I assume it's the same person who gives them to you AT the meeting, right? So why NOT give them to directors in advance so you all can be prepared in time for the meeting?
AllisonD (Florida)
Posts: 449
Posted:
Quote:
Posted By FrankF5 on 05/10/2015 3:23 PM
Thank you to everyone who responded to my question.

To clarify, I was just concerned with bids for various projects for HOA common areas upkeep and repair requiring monetary expenditures.
I could not find anything in our CC&R's or the Florida Statues 720 that either allowed or prohibited the dissemination of the material to the board prior to our monthly meeting. I want to make sure I am making an informed decision on those agenda item requiring payment.

I can contact the President of the Board and discuss it with her.

Frank, the sealed bidding process is a little different than dealing with the regular business of operating the association. The sealed bidding process requires the bids to be opened a the meeting and not before. For regular business, I normally give my board everything I can so at the meeting they can ask their questions. I do not want them to feel pressured to make quick decisions if they have questions. If you have ever seen your local Board of County Commissioners meeting you will see that they obviously have had a chance to review material beforehand. They have a 'consent agenda' where they would simply approve a list of items or, at the request of a board member, they could pull items out for discussion. Board members should not get together to discuss business outside of a duly noticed meeting, but reviewing material beforehand does not violate that rule, in my opinion. As board members, we are busy with our own lives and this step is a good time saver.

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