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LoriM15 (Florida)
Posts: 1,009
Posted:
We had a board meeting this week where we were discussing a few vendor bids. Generally, the only thing we publish to the members before a board meeting is the agenda. So in the board meeting, we were discussing the bids and kept getting questions from the floor about how much we were discussing. We always make sure the amount of the bid is included in the motion to approve a bid so it gets in the minutes. Also, Florida law requires we keep all bids for one year and all contracts for seven years as part of all official records. Owners can make requests to see those records.

Our treasurer came up with the idea that the board "packet" that includes the bids we discuss should be distributed to all homeowners in advance of the board meeting. I personally think it's a terrible idea. We have homeowners who will pick over every line in each bid and question everything at meetings and through emails. I have no problem sharing information, but I feel we were elected to make these kinds of decisions and we do have open discussion at the meetings among the board members during the meeting. Plus questions from the floor for each agenda item.

Do any of you share ALL of the information that will be discussed at the meeting with the community ahead of time?
MichaelT21 (Arkansas)
Posts: 200
Posted:
I think homeowners are wanting more and more information.

I can't say for your community, but some concerns:

- Some homeowners will assume that you are required to pick the lowest bidder. Your Board may have very good reasons to throw out the lowest bid
- While I like getting the best price, I hesitate obtaining bids from vendors that I know will be expensive. Thus, if past history indicates who the best bidder will be, I might only get 1 bid. This would frustrate people who aren't "in the know"
- We never get multiple bids on contracts under $1000 because it is a waste of time, which irritates those who "expect more"
- Some vendors consider their proposals to be proprietary. I disagree, but widely circulating bids may offend those contractors who then no longer bid on your projects

There are other reasons as well.
LetA (Nevada)
Posts: 2,679
Posted:
Why are homeowners getting the board packet? There are items in our board packet that homeowners should not have access to.
adding the bids to board packets is fine, since covid protocols have pushed many boards to still conduct Zoom meetings that kind of tosses out sealed bids.
If a homeowner wants a copy of the bid charge them for the postage and paper or email them a scanned copy.
SheliaH (Indiana)
Posts: 6,964
Posted:
Yes, it's a bad idea. There may be proprietary information in those bids and you don't want homeowners spreading the information all over the place and the association winds up in legal trouble. Not sure why your stare requires all the bids be available - what matters is who gets the contract and there was no foolishness

When I was on the board, we didn't have many people attend meetings so everything was discussed. We did let people know what the work was about and they could always request the RFP, ask questions about that and suggest companies we could send them to. If we were to discuss several bid, we'd refer to them as vendor 1, vendor 2, etc.

And if people keep interrupting with questions, you need to tell them to raise that during resident forum. Some questions may come up anyway during the discussion and you can add another resident forum at the end of the meeting where they can comment (briefly).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
If an owner showed up to the meeting, they were provided the same package of materials the board had for the meeting.

In VA it's a requirement.

I would not send it to all members.
Simply have it available for those who actually attend.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Our association members only receive the board agenda for aboard meeting with a link for the zoom meeting. We do not send out copies of any vendor bids, since we believe that it is our responsibility, since we were elected, to review each bid and determine which one is best for the association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Typically owners do not see bids. Bids are discussed in Executive Session and the accepted BID is open for review if requested to be viewed.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By JohnC46 on 03/03/2023 8:17 AM
Typically owners do not see bids. Bids are discussed in Executive Session and the accepted BID is open for review if requested to be viewed.

Florida doesn't allow executive sessions. All discussion must be in an open meeting. But my feeling is that all homeowners don't need to see the details of every bid we get for a new sound system or light fixtures.

Our treasurer appears to have moved on from this and is obsessing over something else at the moment.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree with others who noted that bids may contain confidential information. I remember seeing words to that effect on some of the bids I evaluated. It would be interesting to know what happens when that conflicts with state law. For instance, do the state laws discourage vendors from submitting bids, which seems counterproductive at best...
CathyA3 (Ohio)
Posts: 6,299
Posted:
Lori,

What do your state's laws say about records that homeowners are entitled to see? If bids are mentioned, then that will give you the answer. In this case, my only issue would be the printing costs.

FWIW, homeowners did not receive board packets in my community (those packets generally run to 50+ pages). They did receive a copy of the agenda and some other things that would end up on our website after the meeting such as the most recent financials.
ElleN (Idaho)
Posts: 4,420
Posted:
Florida HOA statute simply says that bids are "official records," inspectable upon request by owners, and must be kept for at least one year.

I too am concerned about whether Florida case law might trump this, due to proprietary information being in a bid. For the courts, I bet this would be a case of first impression.

As I think was indicated above, at least those who bid are on notice about what the HOA statute says and so might write their bids with some care or even ask that some of the information be kept confidential.

But this is probably deeper in the weeds than the OP cares to go.

I agree about not providing board packets to owners in say a mass email. Statutes and covenants do not require it. As a board member, I would not be wild about bids being freely circulated. People can make formal records requests if they really want a bid. And no, I would not tell owners this. It is the owners' job to read the covenants and statutes and figure this out, IMO. Anything else is going to create more work for the board and manager.

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