Florida HOA Related question

We are an HOA of homes (not condos or townhouses) in Florida.

Is a homeowner that is not in good standing (delinquent in payments) with the HOA entitled to:

1. Serve on Committees
2. Serve of the Board of the HOA
3. Able to attend (and speak at) budget and Board meetings

It was an interesting conversation that came up recently.

Thanks

I don't know Florida statutes. They or your CC&Rs might answer definitely some of your questions. However from a common sense perspective my opinion is regarding your three scenarios

1) Yes, I think they should be able to serve on committees.
2) I do not think they should be able to serve on Board.
3) I think they should be able to to attend budget and Board meetings.

Be prepared for intolerant posters to ask you if your situation is hypothetical or real.

Thank you for giving the OP a sense of what intolerant and unproductive sarcastic behavior looks like on this forum. I don't have an encyclopedic knowledge of statutes like Augustin. The OP never mentioned statute. I in my reply, suggested the OP check the CC&Rs or statute. I pressed the submit button not knowing what Augustin had written. Of course, it is typical for you to criticize me and I doubt you will ever say anything positive about my posts as you have a great ability to turn a helpful reply into a negative, all because you probably intensely dislike me. I have no idea why.

I wouldn't be in favor of moderation. I would be in favor of a feature that would let readers "ignore" certain posters. Unfortunately this site uses web forum technology from the year of the flood, so that's not likely to happen.

This site has a moderator. Some of my posts have been deleted, and yes, in recent months. Now and then when a new person inadvertently posts identifying information about her or his HOA/condo, the post disappears.

There is a bit of a rub on being on a board. It is an elected position. Which means that typically only those in good standing can vote for who is on the board. It doesn't say the person voted in has to be in good standing. They just can't vote for themselves to be on the board. Which most people are not going to vote for someone whom isn't eligible to vote for themselves or in good standing.

I don't see an issue with being on a committee as it is volunteer. They don't have much power. It's just assisting with HOA activities but no real voting power. The board has that power.

If you want to speak and you have not been censured, then why deny? No one has to do anything they say.

Thank you for the citation and the guidance

Right now we do not have a board issue but we may have a voting issue.

Will go through our covenants again but first blush nothing in them

We also do have a committee issue but we can deal with by amending our ARC guidelines by requiring committee members to be in good standing.

You have some good answers here, Art. Unfortunately, NpB suggested you seek answers indoor CC&Rs. It's far more likely that answers, however, would be in your Bylaws. Augustin & Geno are having a useful exchange on this topic based on statutes.

The problem in Florida is that the statute, FS 720, has changed multiple times over the last 10 years where fines and suspensions are concerned. At one point the language said plainly that no fine or suspension could be imposed unless the governing documents authorized such. Then a couple of years later the legislature removed the "unless the governing documents authorize it" language. Then attorneys went to town claiming that an association had the statutory power to fine and suspend regardless of what was in the governing documents. Then the language was put back in the Condo statute, but not in the HOA statute. And the statute that holds is the one that was in effect when the CC&Rs were recorded. Unless there's language in the CC&Rs that reference the statue "as amended from time to time".

It was and still is a mess. Here's one lawyer's 2014 blog that says, "The HOA lawyers argue this statute gives all associations the right to levy fines even if it's not in the governing documents. Other lawyers argue it doesn't because an association cannot engage in any conduct not authorized by its governing documents according to a case called S&T Anchorage v. Lewis."

The issue hasn't been litigated yet through to a court of Appeals precedent-setting decision.

But technically, it's true that the statute today doesn't explicitly require language in the governing documents in order to fine, suspend amenity rights or voting rights.

That same lawyer used to have another page on her website where she said her opinion was simply, "put it in your documents unless you want to be the guinea pic for an appellate case. Better safe than sorry." Unfortunately that page on her website is gone now. The link about used to go there but the underlying page has been changed.

OK, wait a sec.... here's the old web page on her blog, the URL has changed a bit but this is what I first saw there...

"My colleagues disagree and until an appellate court rules on the subject we will not know who is right. Does your HOA want to foot the bill for an appellate case to figure this out? My suggestion is err on the side of caution."

I'm not a lawyer but my inclination would be to absolutely err on the side of caution and not fine or suspend anyone without amending language into one's governing documents first. Maybe some day there will be clarification but I'm not holding my breath.

I agree that typically the answers to the OP's questions, especially #1 and #2, should be in the Bylaws, not the Covenants.

My HOA's CC&Rs are none of your business and irrelevant to the OP's question. I will not be provoked into a useless argument with you. I am a very familiar with the personality type of a bully. The OP's question(s) have already been answered.

The OP now knows where to look for answers to his question. Either in the CC&Rs, Bylaws or Florida statutes.

Actually your HOA's CC&R's and Articles of Incorporation are PUBLIC documents... So...

I did not realize that a simple question would create such an argument

Nothing in our rules.

Going through the Covenants

So found nothing so we are adding it to the rules that committee members must be in good standing.

Clear and concise

Thanks for everything