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MarniD (Florida)
Posts: 39
Posted:
Is it possible in Florida, to put an item on the agenda to be discussed during an HOA meeting? We can comment during commenting, but the board will listen and nothing is done regarding the problem, and they will not discuss it. I thought by adding it to the agenda, they would have to discuss the issue with the community.

Also, our documents say we must have 6 members of the board. During the last election in November of last year, we were told we could only vote for 2 vacant seats even though there needed to be 3 filled, they would not explain why.. We just got notice that the board will appoint the 6th seat. This seems odd to me, why could this be? Our HOA is not known for following the CCR's they pick and choose which to follow, so it's no surprise. If we had a less apathetic community things would change, but unfortunately no on cares what goes on as long as the board leaves them alone.

Our community is beginning to look shabby, so many people don't take care of their yards or flower beds. It's at the point where we are thinking of selling while the market is so active and then build a home in an non HOA community. In our community only a handful of people come to meetings, and during the last election, out of almost 200 homes less than 12 voted.

We have documents that need updating and the board cannot get the required 2/3 majority to even vote on those changes.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So how exactly do you think your HOA can force people to care for their yards to who's standards? What one thinks looks good to someone else it looks shabby. Shabby Sheik anyone?

Just because you want to discuss something does not mean it is a topic anyone else does.

Complaining about appearances with a HOA with no money in the budget or enforcement goes no where.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
The underlying problem in your community (and a whole lotta others, including mine) is apathy. Unless the homeowners themselves (or at a majority) get off their ass and start paying attention to association issues, you will get exactly what you have right now. What do you expect where there are 200 homes (thus 200 votes if it's one vote per house) and you can't even get 12 to show up to participate in an election? You can't blame all of this on the board.

Now to your questions.....it sounded like you were describing a resident forum at a regular board meeting regarding homeowner questions. The board usually sets the agenda for regular meetings, not homeowners. The resident forum is a way for homeowners to sound off on various issues, but the board isn't obligated to respond immediately to something that comes up during the forum. Sometimes, the question or comment may be related to something that's already on the agenda, so if you stick around after the resident forum ends, you'll hear the discussion. Or the issue requires some research and will be addressed at the next meeting. Which makes sense - you don't want slapdash answers to serious issues.

Board meetings are BUSINESS meetings so once the resident forum ends, homeowners are usually encouraged to stay and listen to the proceedings, but it's not a free for all. You won't be allowed to ask questions or make comments during the business portion - this allows the board to get through all the items on the agenda It sounds to me you don't go to many board meetings - you may want to start attending a few so you'll be more familiar with what's going on.

As for the vacant seats, the board should have put all three seats up for election, but how many people actually ran for them in November? You said it yourself - only 12 people showed up for the meeting - between one or two candidates and homeowner apathy, this is what all of you get and why the board has to appoint someone. That person can run in the next election and if he/she steps down, that seat will be open.

Some of the regulars on this site say it better than me - if you don't like how things are going in your community, work to fix it, find a way to live with it or move. You say you're thinking of selling, so now it's a matter of whether you want to pursue that or get out and walk the community to encourage more participation. Good luck in whatever you plan to do.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarniD (Florida)
Posts: 39
Posted:
If a flower bed is full of weeds and stands up 3 feet in the air, and your lawn is full of bare patches and not mowed that is a problem.

I pay dues to an HOA to enforce what? You supposedly are a former HOA president, what did you do in that role?

The purpose of an HOA is to enforce CCR's and the CCR's say you must mow, trim, weed and remove brush.
MarniD (Florida)
Posts: 39
Posted:
It always amazes me how antagonistic some people are on this forum, what is that? There is a kind way to respond, why create such negativity?

I thought that this was a forum where you could get advice and not a chastising. A question is a question, I am not saying our board is anything other than what it is, it's a damn hard job and not everyone will be happy with the decisions made, but at least follow the CCR's.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
So why can you not pull a weed or ask why the person grass is the way it is. The HOA is NOT a "them or they" it is you and your neighbors. That means you want something done you and your neighbors do it. If that means paying someone then you get the funds to do it in the budget. No one is to do it for you. The board is not your personal gardeners. They just arrange the budget to make this something members agree to pay for.

Former HOA President
MarniD (Florida)
Posts: 39
Posted:
In answer to Sheila

Our meetings are Zoom so there is no opportunity to speak to anyone.

I am a former VP of my previous association so I am familiar with rules, but that was 10 years ago, so I wanted to know if things had changed. We encouraged people to add to the agenda and after the meeting we had great discussions about issues in the community. We had huge turn-outs for meetings. The board was incredible, friendly and responsive. That policy continued after I no longer was on the board, our community was awesome.

Today it seems so antagonistic, even some of the comments here, it's like, good Lord, watch what you say for fear of being chastised like a child.

Regarding the election, no one received ballots. The property manager claimed since the HOA does not have an election process in place, we can only vote in person from the floor. The HOA refused to offer a Zoom meeting to meet the candidates so no one knew who was running, which was only 3 people but when they told me that only 2 vacancies were available to run for, I questioned it and was told, no, you can only vote for 2, and now of course, they will appoint the required 3rd.

We are thinking of leaving the community, there is no sense of friendship here, people don't talk and the apathy is the cause. A few people were called liars during meetings by the board, or troublemakers and so people are afraid and just don't go to the meetings. I don't blame them. I try to get involved, but that is taken as a negative.

The next meeting will be one in person since they need to change the documents and need a 2/3 majority to do so, but no one is going that I spoke to, so I feel bad for the board, they might be trying but since no one cares, they will not be effective at all and it's really not their fault, but perhaps yes, since the climate is so cold toward them. The community showed up in mass for only one meeting which was a huge topic and they all heard the HOA attack a resident in a horrible way calling him a liar, and then a followed with an assault on the poor guy's character. The community was chatting like crazy in the zoom chat since the HOA cut off mics and that was the last time anyone attended a meeting.

We will see if anyone shows up at the in person meeting. The documents are a boiler plate copy and do not even apply in many ways to our community, they must be changed, but no one can force a resident to come.

My contention is this, just follow the CCR's and there are no issues, live in peace, do what you know you are supposed to do. Take care of your yard, be considerate that your actions affect others. We have a no parking in the street CCR, yet our streets are city streets. People are furious they can't park in the street. A recent event occurred when EMS tried to get through to a person having a stroke and they had to turn around to get to them since so many cars were parked in the street. If they want to park in the street, the CCR's say no, you can't, but the town say's yes, and we all signed to agree to the CCR's.

I don't have any answers.
MarniD (Florida)
Posts: 39
Posted:
Quote:
Posted By MelissaP1 on 03/11/2022 6:20 AM
So why can you not pull a weed or ask why the person grass is the way it is. The HOA is NOT a "them or they" it is you and your neighbors. That means you want something done you and your neighbors do it. If that means paying someone then you get the funds to do it in the budget. No one is to do it for you. The board is not your personal gardeners. They just arrange the budget to make this something members agree to pay for.

Melissa, I am not sure of any of your comments, they are always so antagonistic. I realize the HOA are my neighbors, it's not me or them, it's us, and we all have a responsibility to abide by the rules of the community, including those we elect to represent us.

I was a VP of my former association, so I know the drill. Laws have changed since then however, so I ask for advice, please try to be kind in your answers.

We have no budget for community lawn care, we take care of our own. The CCR's plainly state you must keep your lawn in good condition. I don't trespass on my neighbors property in order to pull their weeds.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well maybe you should if you do not like their weeds. You just stated it yourself. The HOA has no money for Lawncare. So how is it to enforce any rules on how it is kept? Fines? How much and for what? I'd it per weed?

There is this thing called reality that I live in. Which includes that if you want good Lawncare and everything to be in compliance you pay for it. If not, you stay out of the weeds.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, no one said change is easy or happens overnight, and if what you say is correct, it may take something awful for occur before people wake out of their stupor.

It's nice that your former community had its stuff together, but you don't live there anymore and have to figure out what you will do in the here and now. Walking the community can be time consuming, but it's a start and you may run into the board members (they won't be able to hide behind a computer or tablet screen.) You can't change all this by yourself -find some like minded and build from that.

Or move. Life's too short to live in chaos, and so there are times where you need to withdraw. Then again, you can't always run - sometimes you have no choice but to stay and fight. What you do next is up to you.

By the way, nearly everyone on this website has been where you are - you may think people are being unsympathetic, but not really. This is not an amen corner and sometimes people have to listen to what they don't want to hear. You can accept some, none or all of what's suggested - in the end we don't live in your community so You have to do what's best for you and them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
May I add I had to deal with someone planting "plastic" plants and flowers. It was a renter too... How do you think the HOA was to correct this?


Former HOA President
MarniD (Florida)
Posts: 39
Posted:
Quote:
Posted By MelissaP1 on 03/11/2022 7:02 AM
May I add I had to deal with someone planting "plastic" plants and flowers. It was a renter too... How do you think the HOA was to correct this?


I guess it depends on how bad the plastic plants are? I actually have some in my flower bed, they are topiary's so real looking your cannot tell. I also have palm trees around my pool that are commercial grade, we can't water back there since we have a pool cage, so in order to plant in the waterfall, we had to go that route. Again, no one can tell if they are real or not. I agree if they look cheap, then not a good situation.

As far as the HOA dealing with it, I guess if there is nothing in the documents banning plastic plants then there is nothing the HOA can do. In Florida, there are "Florida friendly" landscaping laws and the HOA cannot dictate much by the way of landscaping. The developer planted the cheapest sod he could find, a xosia, and we ended up putting new sod because we could not keep it alive. We planted Pro-Vista type of St. Augustine grass that requires very little care. It grows slowly, only needs to mow ever few weeks in the summer and is glyphsate safe, so that means you can use round up for weed control and it will not kill the grass and you only use very few chemicals which is good for the environment Our lawns are placed on sand, so the soil is not good.

If it's not in the documents, then there is probably no enforcement that can be done. Our documents state that lawns must be weed free, mowed, trimmed, and flower beds must be weed free and not overpower the house. Pretty clear.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is looked upon as bad taste to plant plastic plants. People in my HOA hated them. It was a topic of discussion.

As you can see you have plastic plants. Well majority of people do not like them. Well how do you think the board wants to listen to people complaining when there is no authority to change it? That is why they are not responding to you

Btw: wrote a letter to the owner about their Tennant choices. The flowers were removed. The owner did not like plastic plants in their yard .

Former HOA President
MarniD (Florida)
Posts: 39
Posted:
Quote:
Posted By MelissaP1 on 03/11/2022 8:00 AM
It is looked upon as bad taste to plant plastic plants. People in my HOA hated them. It was a topic of discussion.

As you can see you have plastic plants. Well majority of people do not like them. Well how do you think the board wants to listen to people complaining when there is no authority to change it? That is why they are not responding to you

Btw: wrote a letter to the owner about their Tennant choices. The flowers were removed. The owner did not like plastic plants in their yard .

I did not ask them to respond to me. In our community you will see many commercial artificial plants. They cost a lot of money, are UV protected and are real looking. You must see them in person.
KerryL1 (California)
Posts: 14,550
Posted:
To try to answer your main (I think?) question, Marni. I believe FL has "notice" requirements which means only items on the posted agenda in advance of a board meeting may be discussed by the Board or voted on. So, matters brought up during open forum usually cannot be unless they're related to agenda items.

I believe th n same nice requirements are for meetings of the members (Owners). These usually are annual meetings for elections of directors. It looks like your HOA is having a members meeting to vote to change your "documents," Can you tells us which documents?

What do Your Bylaws say about how elections must be held? Your Porerty manager might be wrong.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MarniD on 03/11/2022 5:17 AM
Is it possible in Florida, to put an item on the agenda to be discussed during an HOA meeting? We can comment during commenting, but the board will listen and nothing is done regarding the problem, and they will not discuss it. I thought by adding it to the agenda, they would have to discuss the issue with the community.
Assuming this is an FS 720 community, the only way for an owner to get an item added to the formal board meeting agenda is per this section of FS 720:


If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.


If your community is apathetic, then in my experience this is the real enemy. Keep reading here, and you will find apathy is hard to fight.

More importantly though, apathy tends to mean that people are fine with the status quo. It's important to pay heed to this reality, rather than keep knocking one's head on a wall.

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