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TimF8 (Florida)
Posts: 4
Posted:
Evidently our HOA had a meeting tonight. The date and time was announced at the last meeting, but I was unable to attend. It used to be when an HOA meeting came around they would put it on our official HOA Facebook page as well as post yard signs throughout the neighborhood, but they no longer do that. They do not notify the residents. I'm already on their hit list and don't want to create more problems. Are they allowed to do this?
GenoS (Florida)
Posts: 4,276
Posted:
Your bylaws should provide requirements for giving advance notice of board meetings. If they do not, then FS 720.303(2)(c) is where you should look for the answer to your question, "Are they allowed to do this?"

It's impossible to answer without seeing your bylaws. Facebook and yard signs might be nice reminders but they're likely irrelevent unless your bylaws authorize their use.
TimF8 (Florida)
Posts: 4
Posted:
Thank you for the reply. Unfortunately, not only do we not have a set of bylaws, we've never received a set when we moved in. We have contacted the property management company 4 times now both on the phone and in writing. We were told on the phone they would be mailing them out, but we never received it. Our written requests have been ignored.
GenoS (Florida)
Posts: 4,276
Posted:
They should be recorded in the official records of your county. Try googling for your county name with "official records". Most, if not all, Florida counties have their official records available online.
KerryL1 (California)
Posts: 14,550
Posted:
Some states, Tim, have requirements that board or membership meetings must be posted in a public spot xx days in advance, and the agenda too. since Geno also is from FL, you should look at the legislation he advised.

By "HOA meeting," do you mean board meetings or membership (usually, but not always annual elections) meetings??

I don't know if your bylaws are recorded; that's not usually required, but maybe it is in FL.

Otherwise, contact your Board directly to ask for a copy. Or, in writing again, contact your Management Co. with your request and copy one or more board members.

You also can ask your neighbors! I'm surprised the bylaws aren't on your web site.
GenoS (Florida)
Posts: 4,276
Posted:
KerryL1 is correct that an association's bylaws do not, by statute, have to be recorded with the county. If your requests are falling on deaf ears, FS 720.303(4)(b) says the bylaws are an "official record" of the association and FS 720.303(5) spells out a member's right to inspect the official records. Visit Florida's Sec. of State Div. of Corporations website and type in your HOA's legal name. In return you'll get a report that lists the names of the HOA's directors and the name and address of the corporation's Registered Agent. Send a written request to the Registered Agent as per FS 720.303(5) requesting access to your bylaws. They will be liable for $50 per day damages after 10 days if they don't provide you with access to them.

It sounds unusual that your HOA is giving you such a hard time if all you're trying to do is get copies of your official documents.
ThomasD2 (California)
Posts: 208
Posted:
Quote:
Posted By TimF8 on 12/12/2016 3:55 PM
Evidently our HOA had a meeting tonight. The date and time was announced at the last meeting, but I was unable to attend. It used to be when an HOA meeting came around they would put it on our official HOA Facebook page as well as post yard signs throughout the neighborhood, but they no longer do that. They do not notify the residents. I'm already on their hit list and don't want to create more problems. Are they allowed to do this?

You might want to read the comments in the thread I had up about an "impromptu" meeting at my HOA. It was also announced poorly. - Tom
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had an established time in our documents. Every 2nd Thursday at 6 PM each month. That information was kept posted at the front entrance. No need to keep posting the same information over and over again if it doesn't change. Our meetings are open and notes posted afterwards.

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
If the bylaws don't specify board meeting notification requirements, FS720 says:

(c) 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 association may provide 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.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Douglas' most recent reply should help you, TimF.

But, Douglas, I think FL has two sets of legislation, one for condos and one for detached homes. Are the notice requirements the same in each? We don't know what kind of HOA TimF lives in.

Our bylaws state a minimum of four open board meetings a year, but we hold 11, so posting in a "conspicuous" place is required. In addition, in CA, the agenda also must be posted. Apparently not required in AL
SheliaH (Indiana)
Posts: 6,964
Posted:
Ask a neighbor about the date, time and location of the meetings – if they’re at the same time of the month, you should be ok. If they have a resident forum, ask about the documents at that time and see if you can get a SPECIFIC date when to expect them. If there are other people there, the board (and property manager) might not be so inclined to ignore you in front of them.

You don’t say why you’re on the board’s “hit list”, but if there’s someone in particular that doesn’t seem to like you, you might want to talk to him/her privately and say something like “look, I know we’ve had our differences, but I’d like to start over…” and go on from there. If there’s someone on the board who might not be as inclined to continue the drama, you might want to reach out to him/her if that doesn’t work. A neighbor or two who might have better relations with the board members can also help smooth things along. But never be afraid to assert yourself – you’re part of this association too and should have access to the information (otherwise, how can you be a good neighbor?) It’s not about creating a scene, but you can let them know in a calm, but assertive way that you aren’t easily intimidated. Good luck

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By KerryL1 on 12/13/2016 9:48 AM

But, Douglas, I think FL has two sets of legislation, one for condos and one for detached homes. Are the notice requirements the same in each? We don't know what kind of HOA TimF lives in.

OP said HOA, but they could mean a condo assn. The condo law is FS718, I don't know what their notice requirement is.

Escaped former treasurer and director of a self managed association.
TimF8 (Florida)
Posts: 4
Posted:
Some clarification, this HOA is for single family detached homes. I'm referring not to board meetings, but open resident meetings.

The reason I say I'm already on a hit list is because I think our two board members see me as a threat to their position. I started a Facebook group for our residents, specifically saying it was not for HOA purposes but rather just to better connect and get to know each other. I've been scolded by them for that as well as other things like trying to clean our set of mailboxes that are covered in green mold, etc. We've made acquaintances pretty quickly with some folks in our neighborhood. I've kind of stirred the pot and I don't think they like that. I've tried to back step and slow down to show them I'm trying to work with them, not against them.

I'm frustrated at the the lack of any communication. We have a website that is not updated. We have an official HOA Facebook page that is not posted to. Now they are no longer publicly posting when the meetings are. It's almost like the are running a secret club and won't let the rest of us inside.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well then do what every Mark's brother does... Not join the club that won't have you as a member... It's time to form your own "club". Nothing wrong with deciding to run for an office position and gather votes. You can also gather votes to remove the existing board if they are not representing you all. That is their job, they are to represent the HOA as a WHOLE and not self interests...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
What are "open residents meetings?" If you want to to know the names of meetings that should be held in your HOA, you must get your bylaws. I don't think you'll see any called open residents meetings.

Do you mean meetings of the members (homeowners?). Also called membership meetings? These usually are only held infrequently. One example is the Annual Meeting when elections occur.

Meantime, sheila offer excellent advice!

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