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MarciaR4 (Florida)
Posts: 9
Posted:
The statute says that the BOD meetings must be posted in a conspicuous location. Our BOD posts in a NON-conspicuous location that most of the residents, especially new ones, don't even know where it is in order to have a BOD meeting without homeowners there. It is deliberate and the Management Company says that the BOD takes care of the notice etc. Can we hold a management company responsible for making sure ALL homeowners are notified of BOD quarterly meetings?
If it is a violation of a statute who do we file the complaint with?
ElleN (Idaho)
Posts: 4,420
Posted:
Is this a condominium, subject to Florida statute FS 718?

Or is this a HOA subject to FLorida statute FS 720?

The MC is correct that it is the board that is ultimately accountable for complying with statute and bylaw requirements.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our meetings were put into our rules. Always the 2nd Thursday at 7pm every month. It was kind of a known thing. We posted at our mailbox a few days prior.

If someone wants to attend they will attend. Do not assign it the reasoning is no one sees the post. That is an assumption. People may not care to attend.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarciaR4 on 07/13/2023 10:36 AM
The statute says that the BOD meetings must be posted in a conspicuous location. Our BOD posts in a NON-conspicuous location that most of the residents, especially new ones, don't even know where it is in order to have a BOD meeting without homeowners there. It is deliberate and the Management Company says that the BOD takes care of the notice etc. Can we hold a management company responsible for making sure ALL homeowners are notified of BOD quarterly meetings?
If it is a violation of a statute who do we file the complaint with?

Explain where posted and why a problem. Thanks.
LoriM15 (Florida)
Posts: 1,009
Posted:
We publish the dates of our regular, monthly meetings (usually the 3rd Monday of every month) in our newsletter. This is not required by FS 718 or FS 720.

We post the notice of the regular meeting, along with the agenda, on the bulletin board in each of our clubhouses. Although most people don't know it's there, this meets the requirements of FS 718 and FS 720. FS 720 statute changed on July 1 - before you had to post notice but were not required to post the agenda.

For regular meetings, we also send an email to our owners with the notice and agenda for regular meetings. This is NOT required under FS 718 or FS 720.

If it's a special meeting, like the "workshop" meetings where we only discuss but don't make decisions, we do not send out an email notice but do post on the bulletin boards. We do meet the requirements of the statute but don't advertise the meeting in any other way.

Most people in our community probably don't know that we even post notices of meetings on the bulletin boards. This is done by our management company for us. We also tell anyone who calls and asks exactly when and where the meetings are being held. They are not secret.

There is no requirement to post notices in a more conspicuous place. The management company is only doing what the board requests. You can spread the word that the meeting notices are posted there, but you can't force the management company or the board to post more places.
KerryL1 (California)
Posts: 14,550
Posted:
Lori know FL laws so she's a good resource for you.''

If you want other owners to attend quarterly meetings, there are things you can do. Take a pic of the notice and agenda and post where residents ARE likely to see it. Or get owners email addys and email all owner occupants a copy.

A good decent board would insist the Mgr. send the notice/agenda to all email addys and post in a visible place. In addition, it would be published in your newsletter. But as noted, the mgr. only has to do what the Board instructs UNLESS here's something in the contract.

Sadly, it's not unusually for Boards to want to hide their meetings from those pesky owners. Another trick is to schedule them at inconvenient times/days a considerable distance from the premises.
MarciaR4 (Florida)
Posts: 9
Posted:
HOA of 24 homes.
MarciaR4 (Florida)
Posts: 9
Posted:
HOA 24 homes. The BOD does not want us at meetings except annual meeting. They weren't even holding quarterly meetings as required with the management company. Now they are due to the homeowners requiring them to follow the statute. Our 'conspicuous location' is hidden behind a vine up on a raised front entrance. You would never know its there. It's painted the same color as the post. Trust me no one walks up there on a daily basis to see if there is a new notice for a meeting. But maybe I will have to. this BOD president is power hungry 2 other members are nice guys but they are controlled by the prez and he runs the show. So now that we require them to have meetings they don't want us there and this is there method. I am hoping to make a change to the new legislation to define the term 'conspicuous' or to change it in some way.
MarciaR4 (Florida)
Posts: 9
Posted:
The current BOD got rid of all rules and won't set any. there answer is follow the bylaws. The Prez has violated every rule, like parking truck on the street overnight, when he took over so he could violate them. He doesn't want anyone to know when they meet.
MarciaR4 (Florida)
Posts: 9
Posted:
"a good decent board"...that is our missing sentence. They have used all tricks.
MarciaR4 (Florida)
Posts: 9
Posted:
"a good decent board"...that is our missing sentence. They have used all tricks.
MarciaR4 (Florida)
Posts: 9
Posted:
Lori...where are you in FL? We are working with the legislature to change the new statute going into law in Oct. Our location is FAR FAR from conspicuous. I've talked to DPBR and there is nothing they can do as you know because the BOD isn't licensed and the Management company is following THEIR instructions. I'd love to talk to you sometime. 239 963 5702
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MarciaR4 on 07/14/2023 5:48 AM
Our 'conspicuous location' is hidden behind a vine up on a raised front entrance. You would never know its there. It's painted the same color as the post. Trust me no one walks up there on a daily basis to see if there is a new notice for a meeting.
In my opinion, it is still going to be subjective as to whether this is "conspicuous."

Quote:
Posted By MarciaR4 on 07/14/2023 5:48 AM
But maybe I will have to. this BOD president is power hungry 2 other members are nice guys but they are controlled by the prez and he runs the show. So now that we require them to have meetings they don't want us there and this is there method.
I think maybe there are bigger fish to fry than this one. If you are kinda new to HOA living and HOA boards, then be aware that boards can get away with a lot of retaliation and harassment. Your objection sounds valid, but I think you should pick your battles. Maybe the best approach here is to quietly inform your 23 neighbors where the posting is, and get them to board meetings. Also study FS 720s sections on meetings, so you know your rights. See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html. It's a lot to digest. Ask focused questions here at hoatalk often before doing anything?

Did you know that you and the other owners have the legal right to give input at board meetings (with some conditions)? This is where I would start.

(Note: I am not a shill for the hoatalk site's owners. Though I cannot prove it. I do think the owners would like the membership to continue to grow, so they can monetize the site.)

Quote:
Posted By MarciaR4 on 07/14/2023 5:48 AM
I am hoping to make a change to the new legislation to define the term 'conspicuous' or to change it in some way.
Do you think there is wording that would cover all the bases here? I do not.
KerryL1 (California)
Posts: 14,550
Posted:
Ah, 24 homes. So...IS there a "conspicuous location" for posting the notice & agenda?? Above Cluster mailboxes, perhaps? Is there a "conspicuous" place you'd suggest? If there is, can you post a photo on that place? (If it's common area, a board member probably will remove it and has a right to, but worth a try. It's something we did in my HOA in a similar situation, i.e., a secretive Board)

Are you saying the notices/agenda are painted on something? Is that same painted thing used for every meeting? I can't visualize it. Can you sneakily cut the vine back?

Distributing photos of the meeting notice & agenda doesn't sound like it'd be too hard. And it does sounds like some won't want to or won't be able to trek to the inconspicuous site.

I wouldn't put any energy into trying to change legislation. You owners really are in charge, but you must be unified and willing to work hard. Work on throwing the bums out at the next election. We've done this twice -- 9 years apart-- in my HOA. If one or 2 current directors seem OK, campaign really hard against the current prez.

Meanwhile, did the current Board vote to delete all rules & regulations? Is that noted in meeting minutes? What do they mean by suggesting you look at the bylaws. Bylaws do not typically contain "rules."

MarciaR4 (Florida)
Posts: 9
Posted:
that's a good question about was there a vote to toss out the rules. I have all the annual meeting minutes but they never allowed people at their secret meetings and of course there were no minutes taken that would signify that. There is one section in the bylaws that are in all bylaws about regular property upkeep.

The previous person who said be careful of retaliation...is our point. That is what is wrong with an HOA...no retaliation on their behavior.
MarciaR4 (Florida)
Posts: 9
Posted:
Thanks.. I know ALL the statutes and legislation. I am a contact person for our state rep, a realtor, and HOA owner for 10 years. Just 8 in this HOA and its awful! The retaliation is unbelievable and they move from one person to another!
M

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