Can members raise a motion during special board meeting

-- A meeting of the board is a meeting of the directors. Motions may only be made by directors. A motion made by a HOA/condo member is not a valid motion.

-- Any motion made must be related to a topic on the agenda. Discussing a topic not on the agenda violates Florida statutes as they pertain to giving notice of meetings.

-- If a topic is on the agenda and commentary from the audience results in one of the directors making a motion relevant to the topic, then the motion is lawful; may be seconded by another director; may be voted on by the board; et cetera.

-- If the directors voted on a motion not made by one of the directors, then the vote is invalid. But depending on how the directors feel about the topic, it's likely just a formality of ensuring at the next meeting that proper procedures are followed such that the topic is listed on the agenda; one of the directors makes the motion; another director seconds the motion; and a vote by the directors occurs.

By the way where did you quate it from , is it the FS720?

Not knowing what the motion was, one can not say for sure.

At board meetings, members may attend as observers and, if invited by the board, provide input.

At general membership meetings, members may make motions that are voted on by the membership.
However, these motions would be limited in scope as proper notification to the entire membership must be made for most things that members vote on.

Thank you! It didnt make any sense to me thus I wanted to confirm and park it,
However the other director confidence let me rethink about it eventually all directors voted on it.

I am still rather new at HOA so the director disinformation + Members pressure unfortunately impacted my judgment.

Its a board meeting called by the president.

Per 720.303(2) {emphasis added}

(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.

Note: It does not say they make motions or vote.

Thanks, The links are not working for some reason.

I verified the second set works.
I messed up the code the first time.

I was wondering, as the members motion is invalid, what will be the right way to document this motion in the minutes.
Should the board still show how the directors voted on the members motion? or we can mention its an invalid motion and will not be reflected in the minutes (As we realized its an invalid motion after researching it after the meeting)

Did a Board member restate the members' input as a motion?

Was it seconded by another Board member?

Was it voted on and approved by a majority of the Board members?

If any of the above is "no" then I believe there was no legal motion - and, the minutes should reflect what occurred - then, add the item to the next Board meeting, then the Board, at that next meeting should note there was a departure from procedure, and that since it was a board meeting, and no director provided the motion, or the second, then there was, in fact no motion.

Then, if a Board member feels there should be some action taken on the topic, that Board member can provide a motion on that topic - and, business can resume.

So much good info for Asa from Tim, Augustin, etc.

Please note, Asa (and, maybe George) that the Bylaws usually discuss the various kinds of meetings. So, yours should say something about "special meetings (of the Board.) In my HOA and in CA they can be called by not only the president, but also by any two directors, etc.

What do your Bylaws say on this topic, Asa?

In addition, what do you FL statutes say about special meetings of the board, or FL corporations codes.

I wouldn't even take it that far. An attempt to make a motion by someone who is not even a member of the deliberative body doesn't even rise to the level of a motion that is "out of order". I would have advised the homeowner that his or her motion was inappropriate and that he/she can only make motions at a members meeting. I wouldn't even mention it in the minutes.

Right-o: Educating owners was one of two main reasons for suggesting what I did. The other reason was so that HOA members were not left wondering why their attempted motion was not recorded in the Minutes. If these HOA members expect their (attempt at a) motion to be recorded in the Minutes, and also as successfully passed, then their hackles might not go up if the latest Minutes have an explanation of why the attempted motion is not in the Minutes.

Of course, many people need to hear a new concept three or more times before it sinks in. At the next meeting, I think the President should not hesitate to repeat, in a calm even voice, what happened with the Minutes and why.

This is a great response thanks!

The members will probably ask to quote where its specifically mentioned they cannot raise a motion.
Is there any place I can specifically quote.

For example at 720.303(2)(b) It does not say they cannot raise a motion, they are looking for hard evidence:

"Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors"

Also in the bylaws it does not mention that members cannot make a motion at a board meeting.

We are all brand new at HOA business (6 month on a board since the developer left), we read the CC&Rs and FS720 many times but it takes time to get into the small details and every meeting we learn something new.

Let's translate Geno's reply #3904, which says in part: "An attempt to make a motion by someone who is not even a member of the deliberative body doesn't even rise to the level of a motion that is "out of order". I would have advised the homeowner that his or her motion was inappropriate and that he/she can only make motions at a members meeting. I wouldn't even mention it in the minutes.

The "deliberative body," in the case under discussion IS the Board. Only board members/directors may make motions, second & vote. Non-directors only are observers; the audience,though though do have the right to speak in FL & other states.

AT meetings of the members, usually your annual meeting & election, members of the HOA--homeowners CAN make motions, etc. Why? Because they are members of that "deliberative body" -- your Association.

Look, Asa, does your HOA have a rule that no one can lie down in the middle of your streets to sunbathe? Of course not! You do not need a rule or bylaw that states only members of the group that is meeting have the right to make motions, & vote. This is very well known.

With respect, since you directors are all so new, and since some homeowners are giving you a bunch of, uh, nonsense, hire your HOA attorney for an hour to give your board a seminar on meetings, who votes, etc.

If you can't, follow Augie's advice: "...the typical HOA member will still not understand. Hence in the alternative, have your board confirm the boards powers and so on with the HOA attorney. Then tell HOA members that the HOA attorney told the board that members may suggest motions at board meetings, but the members may not make a motion, and the board is obliged to act on the advice of counsel."

Do NOT let owners bully the Board. If your meetings are on ZOOM, mute Owners whenever you can. Say, do you have a property manager who can guide you newbies? What size is your HOA?