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GeorgeS21 (Florida)
Posts: 3,808
Posted:
Hi All,

So, recall my voluntary HOA with mandatory covenants in Florida ...

As was noted earlier, I am attempting to mimic some of the FS 720 process in our FS 617 neighborhood. One such mimicry is to provide notice of meetings per 720 vice 617. And, to consider including same language in our bylaws which then make those requirements binding to the Board.

FS 720 says the following,

"(c) The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include 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, ..."

FS 617 says the following,

"617.0822 Notice of meetings.—
(1) Unless the articles of incorporation or the bylaws provide otherwise, regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting."

Following 720 (because we WANT the members to be there) seems like good management - since we can't possible afford to mail out per 720, we will use signage at least 48 hours in advance at the main entrance where we have common property - we have another entrance/exit, but it does not have common property so we can't post anything. We also have no other common area property that has visibility of is used as a normal gathering place.

Seem reasonable?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GeorgeS21 on 07/16/2018 8:13 PM
Following 720 (because we WANT the members to be there) seems like good management - since we can't possible afford to mail out per 720, we will use signage at least 48 hours in advance at the main entrance where we have common property - we have another entrance/exit, but it does not have common property so we can't post anything. We also have no other common area property that has visibility of is used as a normal gathering place.

Seem reasonable?

Absolutely. We only have a single entrance/exit but we have a sign about 3' by 3' that we put out usually a whole week ahead of a board meeting even though 48 hrs is all that's required. We also put a notice up in the mail house, but the sign near the exit is very conspicuous and would probably suffice all by itself.

FS 720 says the notice must be in "a conspicuous place", not "all conspicuous places", so I think even though you have 2 entrances/exits you'd be covered by the one notice on common property near one of them.
KerryL1 (California)
Posts: 14,550
Posted:
CA requires 72 hours notice for regular board meetings and special board meetings. This notice MUST include the agenda. That's when we post and I think it's a good idea.
RichardP13 (California)
Posts: 3,868
Posted:
Regular Board meetings required 96 hours (4 days) notice as do most Special Board Meetings, unless an emergency, which then does not require notice.

This is for California.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Very reasonably as you as a Voluntary HOA are bound by FS 617.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 07/16/2018 9:38 PM
Regular Board meetings required 96 hours (4 days) notice as do most Special Board Meetings, unless an emergency, which then does not require notice.

This is for California.


YEP ... Not sure why posted because OP is from FL and not from CA??? That is why this site notes the State of most comments so any confusion can potentially be eliminated between the various State Statutes.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, I always accidentally write 72 hrs/CA. I like 96 hours notice since you're trying to encoring attendance, George. I don't think 2 days is enough.

Requiring in the bylaws that the agenda for open meetings be posted is good too. Owners can read the agenda and see if they want to attend.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
48 hours physical posting is per FS 720. 7 days if by mail. Will try for more and send out to those we do have emails for as soon as meeting date is solid.

While I can put the agenda in the email, we can’t post it due to Florida weather ...don’t have an enclosed box and don’t have a good place to put one anyway.

GenoS (Florida)
Posts: 4,276
Posted:
We have a homemade sign. I don't know who made it or what it's made out of, but I can tell you it goes out rain or shine and the rain hasn't caused any damage to it over the last 4 years. It's not mounted in any kind of a display case or frame. It just sits there.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Our location and times and dates change a lot - have to figure out some way to get it to be waterproof ...
GenoS (Florida)
Posts: 4,276
Posted:
Ours simply says

"Agenda Meeting
Tues. 7 PM
Clubhouse"

or

"Board Meeting
Tues. 7 PM
Clubhouse"

I've never looked at it that closely but I think it might be the same sign and "Agenda" is swappable with "Board". We changed the meeting night from Monday to Tuesday a few years ago and before the change it would say "Mon. 7 PM".

It's out now for our board meeting next week so if I remember I'll try to take a picture of it and maybe see, or ask someone, what it's made of.
EdC5 (Florida)
Posts: 117
Posted:
A quick bit of research would have turned up that only MANDATORY HOAs are bound by FL Chapt. 720. Since the OP's association is voluntary it would be bound by the requirements of Chapt. 617. (In my opinion.)

Edward J Cooke, CMCA, LCAM

Edward J Cooke, CMCA, LCAM
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By EdC5 on 07/18/2018 5:55 AM
A quick bit of research would have turned up that only MANDATORY HOAs are bound by FL Chapt. 720. Since the OP's association is voluntary it would be bound by the requirements of Chapt. 617. (In my opinion.)

Yes, George has made that clear. He's looking for ways to incorporate some of the language of FS 720 into his voluntary association's Bylaws. Think, "best practices"; although I hesitate to use the word "best" in conjunction with anything the FL legislature has come up with over the years.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Yep - FS617 is pretty lousy for providing reasonable HOA governance framework - better for actual not for profit businesses and organizations that are not trying to bind neighbors together in a positive way.

Much of FS720 is pretty well done in that it supports the broad idea of neighborhood structure and governance ...could always be rewritten to simplify, but each year it seems to get a bit better at allowing neighborhoods to govern and protect themselves.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GenoS on 07/17/2018 6:45 PM
We have a homemade sign. I don't know who made it or what it's made out of, but I can tell you it goes out rain or shine and the rain hasn't caused any damage to it over the last 4 years. It's not mounted in any kind of a display case or frame. It just sits there.


YEP ... can make a generic sign with a line to write in the date and time and have it laminated and staple to a long wooden stake. Then take a grease pen and write the date and time. This will hold up to rain, snow, etc. and yet can take a dry cloth and wipe off with elbow grease to use again. We do this here locally for festivals and when we put out the “No Parking” signs for each festival. All we have to do is write the new date and time each time posted.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Yep, have described to the Board almost that same solution ...no one has wood, no one has a hammer, no one has grease pencils, etc.

Easy for me, but I’m trying to motivate those that actually live there!

We’re working it ....

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