PatR4
Posts: 26
Posts: 26
Posted:
My hoa in Fl has posted a “legal meeting”, whatever that means on the sign used for Hoa meetings. This is a closed meeting for bod only. I think if they post it in an open space, it should be an open meeting.
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Legal meeting
Started by PatR4 • 11 replies • 235 views
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MichaelT21 (Arkansas)
Posts: 501
Posts: 501
Posted:
I think if they post it on open space across from a church, the meeting should be held in the community pool on a Sunday morning.
TimB4 (Virginia)
Posts: 20,986
Posts: 20,986
Posted:
Typically, executive sessions are entered and return to open meetings.
Members are not allowed in executive sessions.
However, there are still notice requirements.
A set of minutes from the open portion of the meeting might look like this:
1) Meeting held on mm/dd/yyyy and called to order at hh:mm
2) A quorum is present.
3) Motion is approved to recess into executive session for the purpose of legal matters.
4) Meeting adjourned to executive session.
5) Meeting called back to order from executive session
6) motion to adjourn approved.
7) Meeting adjourned at hh:mm
OR
6) Motion to allow attorney to xyz approved
7) motion to adjourn approved.
8) Meeting adjourned at hh:mm
Personally, I wouldn't worry about it.
Members are not allowed in executive sessions.
However, there are still notice requirements.
A set of minutes from the open portion of the meeting might look like this:
1) Meeting held on mm/dd/yyyy and called to order at hh:mm
2) A quorum is present.
3) Motion is approved to recess into executive session for the purpose of legal matters.
4) Meeting adjourned to executive session.
5) Meeting called back to order from executive session
6) motion to adjourn approved.
7) Meeting adjourned at hh:mm
OR
6) Motion to allow attorney to xyz approved
7) motion to adjourn approved.
8) Meeting adjourned at hh:mm
Personally, I wouldn't worry about it.
PatR4
Posts: 26
Posts: 26
Posted:
Well the meeting is to fire the lawyer. The post is on The property, same sign is used for open meetings. If you are having an executive meeting, it should not be posted on an open meeting sign imo
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
As Tim says,FL probably requires that there be a notice to Owners for an executive session. There is such a requirement in CA and in other states, too. So, it looks like your board is meeting with your HOA attorney.
On CA, and maybe in FL, too, executive session can be an entirely separate meeting from the open meeting
On CA, and maybe in FL, too, executive session can be an entirely separate meeting from the open meeting
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
As Tim says,FL probably requires that there be a notice to Owners for an executive session. There is such a requirement in CA and in other states, too. So, it looks like your board is meeting with your HOA attorney.
In CA, and maybe in FL, too, executive session can be an entirely separate meeting from the open meeting
In CA, and maybe in FL, too, executive session can be an entirely separate meeting from the open meeting
LoriM15 (Florida)
Posts: 1,008
Posts: 1,008
Posted:
In Florida, Section 718.112(2)(c)3 of the Florida Condominium Act (Section 720 for is HOAs is similar) states that board and committee meetings don’t have to be open to the unit owners when: the meeting is with the association’s attorney with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or, if, the meeting is held for the purpose of discussing “personnel” matters.
You still must post a meeting notice in advance whenever the board meets, whether or not the meeting is open to the community. This is to protect you, the homeowner, so that your board doesn't meet secretly.
Instead of complaining, you should be happy that your board is following the law and being open about what they are doing.
You still must post a meeting notice in advance whenever the board meets, whether or not the meeting is open to the community. This is to protect you, the homeowner, so that your board doesn't meet secretly.
Instead of complaining, you should be happy that your board is following the law and being open about what they are doing.
JohnC46 (South Carolina)
Posts: 14,230
Posts: 14,230
Posted:
Pat
I think the BOD could have better described the meeting as an Executive Session but so be it. They did seem to meet the notice requirements.
I think the BOD could have better described the meeting as an Executive Session but so be it. They did seem to meet the notice requirements.
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
I'm very unsure about this, but I think I've read here that FL associations only may convene executive session for legal matters and nothing else?
LoriM15 (Florida)
Posts: 1,008
Posts: 1,008
Posted:
When you post the notice of the meeting you are required to have the date, time, location and agenda. So the agenda probably says "legal meeting" or "meeting regarding legal action". Executive sessions don't really exist in Florida.
KerryL1 (California)
Posts: 14,519
Posts: 14,519
Posted:
Thanks for the clarifications, Lori. I missed your earlier one or we crossed. What IS the name of these meeting for legal or personnel matters?
PatR4
Posts: 26
Posts: 26
Posted:
Well thee bod is about to be recalled for misuse of funds.. so I have a lot to complain about.
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