Board members attending committee meetings

Live in Florida and the Florida Statute 720 states that all homeowners may attend all meeting -------
Can board members attend committee meetings as homeowners?? We have a board of nine and if more than four attend the committee meeting the homeowner are stateing that only four can attend. The Statute is silent on this issue. Our attorney said they can not attend but can attend social funitions and homeowners cocktail parties. Is the attorney correct.

I would get a second legal opinion. I would be surprised if the law considers it to be a board meeting if four members happen to be in the room and do not discuss association business. If they take part in the discussions, then it would be different. Perhaps the attorney's opinion is just to be on the safe side.

Another thought, if it is an open meeting and notice is given, what would be the harm if it was ruled to be a board meeting because you have a quorum discussing association business?

The question was IF more than four of the nine Board members attended a Commmittee meeting. The answer in most states is, yes, a quorum of directors is assembled at the same time and place to discuss assocation business.

With Henry, WHY in the world do so many board members want to attend this committee's meetings? what is the name of this committee?

Except wouldn't that violate many (most) state statutes that require notice to be given before a meeting and that the meeting must be open to homeowners (again in applicable states)?

A random assemblage of 5 BOD members shouldn't automatically constitute a BOD meeting.

I can speak for SC but WTFK for FL and CA...........LOL

We have similar issues in California, BUT, there is a reason for these laws, because boards would not follow rules. And this doesn't extend to just HOA's, but also the general public.

WTFK.....Who The Fu** Knows.........LOL

This is what California says,

“Board meeting” means either of the following:

(a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.

(b) A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.

Civil Code doesn't say you can't have a quorum, just have to post within the required posting timee, and the meeting is open to members. Per the Annual Disclosures, all postings of agendas are done on the Association's web portal.

If your meeting with vendors about a specific project, announce at the next meeting and place in the minutes. If you are doing a seminar with legal counsel, same thing, let the members know at the next meeting and put in the minutes.

I would say just attending and listening does not violate:

(a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.

Since the OP is in Florida, here is what FS 720 says:
A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business.

That leaves to interpretation whether directors who silently observe a meeting are conducting association business. If the directors actively participate, then it would seem to me to legally be a board meeting.

My point is if they sit and listen, they are not conducting business.

There is a distinct difference bewteen the Florida and California laws. The word in California is "hear".

I agree that if a amjority of the board meets to hear about the movie night coming up next week for which funds have alrewady been allocated, I don't see an issue. If the Finance Committee is meeting to discuss the budget for which the Board would evenually be voting on, then yes, the comminttee meeting should be open to the owners withn proper notice.

The issue is not whether a Board meeting shoud be called, just that the meeting must be open to the membership.

No, depending on the committee, what's to be discussed and if a majority of the board shows up.

Max is right. Committee meetings in CA do not have to be open. If, however, the committee has decision- making authority to spend $, they must have minutes available for owner review. That's the case with our HOA's Social Committee.

Also true in CA is that if a quorum of the board will attend a committee meeting, even if some directors are mute, the meeting must still be posted as an open meeting to owners.