Are HOA's considered political subdivisions in Florida

Started by SalM1 • 14 replies • 3004 views

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SalM1 (Florida)
Posts: 7

Posted:

Are homeowner association in Florida considered political subdivisions under the state statutes>>

Sal

BradD2 (Florida)
Posts: 418

Posted:

They modeled that way in almost every state. Can you be more specific in your question?

Florida is governing by Florida Statute 718 for Condo Associations, 719 for Co-Ops, 720 for Homeowner Associations and 721 for Timeshares.

SalM1 (Florida)
Posts: 7

Posted:

If the Florida Sunshine Laws pertain to "political subdivisions", then are HOA's political subdivisions.

SalM1

BradD2 (Florida)
Posts: 418

Posted:

The sunshine law does not pertain to HOAs. As I said they are governed by Florida Statute 720 and it has it's own version of that legislation.

SalM1 (Florida)
Posts: 7

Posted:

Are you a lawyer? Please tell me where it states that is covered by statute 720 and where in statute 720 it mentions the Sunshine Law rules?

Thank you Sal

BradD2 (Florida)
Posts: 418

Posted:

No I am not a lawyer and you misread what I said.

I said that THE Sunshine law does not apply to HOAs but that something similiar is contained within FS 720. THE Sunshine law is for governmental agencies only and the purpose is to have open meetings and transparency with the people of the state. FS 720.303.2 specifically requies that board meetings be open to the members of the Association. Hence it is similiar in intent.

You can read the full text of the statute at http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

SalM1 (Florida)
Posts: 7

Posted:

Ok, I understand, I think, but nowhere in Statute 720 is there a mention of a board meeting that can be held with a member participating by phone when there already is a quorum present in person.

Also, if it is permitted, what are the limitations on the Board member on the phone?

If there is not mention or restriction, does that mean it is permissable>

Can you help on this matter?

Sal

BradD2 (Florida)
Posts: 418

Posted:

The phone is not mentioned in the statute so that would be open to interpretation. Read the statute if you have any specific questions.

JohnM3 (Florida)
Posts: 288

Posted:

I have been on my HOA for 19 years and we have been told point blank by 3 different attys that if 2 or more of us meet anywhere and discuss HOA business we must take minutes and incorporate them in the next bod minutes as a meeting. The BOD can have meetings without the public but it has to be with the hoa attorney or law firms. I wish to god we were political subdivision then we could force the city to do things the right way like police protection.

SalM1 (Florida)
Posts: 7

Posted:

Well that is very interesting because that is exactly what the Florida Sunshine Laws say. But I wish the HOA's were under the Florida Sunshine Laws and that we were considered a political subdivision so there would be more clear directives. The Condo Associations statutes have more clout than Statute 720 for the HOA.

Thanks for the info, if I go back and tell the remainder of the BOD about this, I will be asked show me where it is written, so just where is it written, can your attorneys tell me??

BradD2 (Florida)
Posts: 418

Posted:

The law doesn't say "2", it says a majority. So if you only have three members of the board then it would be "2"; don't use that number as the basis for all Associations.

The law also says you can't get together without notice of so many hours/days depending on what is to be discussed and the form of notice. So if you have only three members and two meet that is against the law. It doesn't matter if you include it in the meeting minutes; it is against the law.

BradD2 (Florida)
Posts: 418

Posted:

Sal, why do you ask where it is written? I gave you a weblink to the Florida Statute; is it too much to expect you to actually look at it?

SalM1 (Florida)
Posts: 7

Posted:

Listen to me, when you say 2 instead of majority, then I interpret it to mean 2 and not majority. I have read the statutes and that is why I question you about specifics.

I would suggest that you give me the Statute number, sections and paragraph, it would no doubt be more accurate than what you are writing.

Sorry for being curt, but I get enough crap from the other board members about issues and vague answers.

BradD2 (Florida)
Posts: 418

Posted:

Sal, I have already told you everything you need to know. The answer you just asked for once more was given to you 4 days ago. I won't do everything for you and you should stop expecting that from people. You asked about specific laws and I went out of my way to volunteer more information to you. Do something for yourself.

SalM1 (Florida)
Posts: 7

Posted:

I was replying to JohnM, pay attention.

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