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GaryM20 (Florida)
Posts: 3
Posted:
In Florida all BOD meetings with a quorum are required to be open (no executive sessions). Only exceptions are attorney consultation and “personnel matters”. Since a GM candidate being interviewed is not yet considered personnel, shouldn’t those interviews be open to the Membership?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By GaryM20 on 08/04/2022 5:50 PM
In Florida all BOD meetings with a quorum are required to be open (no executive sessions). Only exceptions are attorney consultation and “personnel matters”. Since a GM candidate being interviewed is not yet considered personnel, shouldn’t those interviews be open to the Membership?

Hiring is a personnel matter. I don't even understand your logic.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, hiring also is a personnel matter.

Can't even imagine what an interview with potential GMs would look like if owners were in attendance. And not all being interviewed would necessarily want the world to know they're on the job market. Etc., etc.

I do believe that if you have questions you think the Board should ask of potential GMs that you send a nice note to the Board with your ideas.
DouglasK1 (Florida)
Posts: 2,046
Posted:
OP doesn't state if they are are in a condo subject to FS718 or an HOA subject to 720. FS 720 says:

Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. A meeting of the board must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.


Based on this it does not appear that the subject meeting can be closed to members if in an HOA.

FS 718 is slightly different and does include the exemption for personnel matters:

Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:
a. Meetings between the board or a committee and 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
b. Board meetings held for the purpose of discussing personnel matters.


If the OP is in a Condo association then I agree with the other posters that pre-hiring discussions/interviews are still "personnel matters".

Escaped former treasurer and director of a self managed association.
GaryM20 (Florida)
Posts: 3
Posted:
My question is based on a Florida HOA.
GaryM20 (Florida)
Posts: 3
Posted:
My logic is that Webster defines “personnel” as:
1a : a body of persons usually employed (as in a factory or organization)

Not persons being interviewed for potential employment.
I understand the logic why HOA Membership would not be allowed to participate.
Our BOD does not have a good track record with GMs recently.
I’m concerned about the type of person they are attempting to hire.
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By GaryM20 on 08/05/2022 3:01 AM
My logic is that Webster defines “personnel” as:
1a : a body of persons usually employed (as in a factory or organization)

Not persons being interviewed for potential employment.
I understand the logic why HOA Membership would not be allowed to participate.
Our BOD does not have a good track record with GMs recently.
I’m concerned about the type of person they are attempting to hire.

Your logic is incorrect. Sorry. Interviewing and hiring are considered personnel matters.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you going to have any effect at all on the decision? What is the purpose of your attendance or others that are not on the board? Maybe I missed the part where the board is there to do the work on the behalf of the entire membership. Let them do their jobs.

Do you have someone you want to suggest for the position? Why not submit them?

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By GaryM20 on 08/04/2022 7:55 PM
My question is based on a Florida HOA.

I read a little further into FS720 and did find this that I missed yesterday:
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.

Based on this I agree with the others that the board can interview in closed session. If you feel that interpretation is not correct, you could consult with an attorney to get an opinion, or even sue and let a judge decide.

Escaped former treasurer and director of a self managed association.
LoriM15 (Florida)
Posts: 1,009
Posted:
Interviewing personnel/discussion of personnel matters absolutely falls under the "personnel" exception for open meetings under FS 720 (HOAs). This also applies if you are doing a performance review or discussing salary.

I understand why Florida has sunshine laws for HOAs/COAs and I'm sure that there were a lot of issues before the law was put in place. But the inability to have executive sessions about anything except personnel and legal issues (and actually you are supposed to only close the meeting when you are speaking to the attorney) is very difficult sometimes.
KerryL1 (California)
Posts: 14,550
Posted:
Kudos to Douglas for his follow-up review of statutes. And for correcting his first response.

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