New Board member - clarification and advise pls!

By contracted from five board members, are you saying there are only three of you? That's a problem because the other two can easily outvote you, which isn't good when those same people are in it for reasons other than trying to improve the community. Unfortunately, this can happen in HOAs - people think HOA boards will behave differently from a corporate board of a business or church, forgetting all of them are made up of PEOPLE and everyone comes to the board with different reasons for being there.

Ultimately, you may have to try and recruit two other people to join if there are only three of you and hopefully they'll be the kind that can help you bring these guys to heel.

Now, for your other questions.

The general hierarchy for any HOA is: federal law, state law, local law (city and/or county), the HOA'S governing documents (Bylaws and CCRs) and rules established by the board. With state law, you may have to check if it applies to all HOAs or those established on or after a certain date (little things like can often turn questions on their heads). If you don't see anything mentioned anywhere, the board can establish rules if the governing documents allow it AND the rule doesn't contract the Bylaws and CCRs. Or federal, state and local law.

Assuming this state law applies to your HOA, you really don't need to overthink this. At the next board meeting, simply suggest that the agenda should include a resident forum and its required by Florida law - be ready to show them the applicable statute and if people argue about that, take it to your association attorney for an opinion. While you're at it, it may be helpful for him or her to point out what sections DO apply so everyone's on the same page. Ultimately it may mean your governing documents will have to be updated to reflect current law, but don't worry about that for now.

Here're how my community does resident forum - we hold them before the start of board business. After we ensure we have a quorum, the resident forum usually follows an update by our security officer. depending on how many people are there, you may need to limit speakers to two or three minutes and no one gets to make another statement until everyone has had a say. The forum should be where residents can make suggestions, comments or criticisms of association matters - it really isn't the place to say "I need this or that done". For maintenance requests, it's best to have a form available where people can fill it out and give it to the property manager for follow up. However, if they want to say something like "I think the lawn care people suck and this is why," that's fine.

The forum should last between 10-15 minutes (20 is pushing it and should be shut down at that point). The board should be noting what was discussed - some issues will require more research which can be presented at next month's meeting (put it on the agenda under new business). Sometimes the resident's question is already being addressed somewhere in the current agenda - let the person know that and encourage him/her to stick around to listen to the details.

After the forum, the president (that would be you) should thank everyone for speaking up and then announce the business portion of the meeting is about to start. From that point on, no comments or questions will be taken from the floor so the board can get through all the agenda items, but homeowners are welcome to stay and listen. Shut off the cell phones or set them on vibrate - and leave the room if you need to take a call (staying and yapping while others are speaking is childish and rude). Anyone disrupting the meeting will be asked to stop - if they don't or refuse to, they will be asked to leave.

If they continue to show their ass, they will be escorted out - by the police if necessary. In my community, our security officers (off duty cops) usually stick around until after the resident forum ends in case someone gets out of line and it generally works. In rare cases, you may have to consider banning the homeowner from participating in the resident forum or even attending meetings for a while until they grow up. Before you go that route, talk to your association attorney to ensure a temporary ban will stand up if the person takes legal action (documenting the hell out of such incidents is a good start)

As for the people who interrupt constantly, this is where you need to stand your ground and preside over the meeting - and the other two need to have your back. If this behavior has been going on for some time, perhaps a letter (with a copy to your attorney) may be appropriate, telling them they're welcome to attend, but they're expected to behave themselves.

I know this president thing seems really intimating right now but you CAN do this. In addition to reviewing some of the conversations on this board about crazy homeowners (board members and the others), I always suggest checking out the education resources on the community association institute website. Some of them are geared towards newbies like yourself (and oldsters who need some reminders) and the subjects range from selecting property management companies to rule enforcement. There may even be CAI branches in your community that sponsor local seminars - if so, take advantage of a few. Besides education, you'll meet people in other communities and exchange ideas. Good luck!

Shelia thank you for your quick reply! I am still learning your answer and will comment.
But just wanted to clarify a small misunderstanding, We are 5 directors conducting our business (no issues here), the other two are members which are joining regularly our board meeting to listen and not respecting the open forum. (on average we have 10 members joining the meeting)

Another quick question: One of our elected Directors is not an actual owner/member, Per the bylawas only a member can vote at an annual meeting or get elected to the board. Later the board found out that the director has Power Of attorney which grants her privileges to vote/ serve on the board, This fact was never disclosed to members electing the director (before or after the meeting).
It came up as one of the members approached me (president) and asked how could non member gets elected.

1) Is it private information or should it be disclosed to members? the director claims it private information.
2) Is POA even can grant it? nothing is mentioned in our CC&R's about POA.

Thanks in advance!

If the HOA's governing documents specifically preclude non-owners from serving on the board, then a POA does not entitle a non-owner to do so. He can vote on matters that the membership votes on, including elections, but he cannot be a Director that sits on the Board. The POA allows him to act as an agent for whoever gave it to him, but it does not allow him to step into their shoes.

Shelia, Mark, Geno and Kerry thank you!

Shelia I am grateful for the tips and suggestions, I was and still working on the meeting agenda and will see how to incorporate your suggestions at tomorrow meeting.
Yes these members are very vocal, arriving well prepared for the meetings with CC&Rs sections examples to impact our agenda, show off to other members how the board keeps messing up and just being ungrateful.

Its nice that the remaining owners are grateful which keeps us going.

Sounds like your meetings are too relaxed.

After the open forum ( limited time) the business of the meeting stsrts with a fixed agenda. No one should be speaking unless they raise their hand and be recognized by the president.

“However, home "Values" are based on real numbers and not appearances.”

“...just a group of owners who want to keep the place looking nice so their homes sell at a good price. Let’s not over think it.”

Sea change, Melissa? 😂

What sea change? It's the SAME thing just worded another way... Home values are based on REAL #'s. Houses that have sold or foreclosed for in the last 6 months similar size/bedroom/baths. Having your house or neighbors houses look good just means your more likely to get closer to your asking price than if it wasn't. That still is NOT based on real #'s. That is subjective value.

I was... It's just need to change the culture in your HOA. It's hardest change one has to make in their HOA. Which may take a different approach to meetings. Like for example one has to submit things in writing or speak at the board meetings if they want something. Change to have only board members speak and then other speak at the end with a 3 minute limit.

Find your way on how you want to run things. It's also should be in your Articles of Incorporation on how meetings should be organized and covered.

Asa

Typically, once a BOD Meeting is Called to Order (as in begin) only BOD Members can speak. No one else can speak unless called on by the BOD tp speak. Many BOD's do have a Q&A Session before or after a BOD Meeting and they will limit ones time to speak on any one subject to 3 minutes.

It seems your problem is you have non-BOD Members speaking up during the meeting. You have to stop this.

Again thank you everyone, I am pleased to find this forum which going to be helpful for our board going forward.
I have used your advice related to the open forum tips on the last board meeting which proved to be effective.

We had set up 20 minutes in the beginning of the meeting which was ok. At the end of the meeting we allowed an addtional 15 minutes which was a mistake as some members were frustrated by the meeting actions and took it out on the board. I guess next time we will allow only 20 min in the beginning.

I think that Allowing open forum before each agenda item may extend the meeting time by far!