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NattyM (Florida)
Posts: 21
Posted:
Good afternoon!
Does anyone has an example of a petition form to remove or reduce the buildings valets?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By NattyM on 07/15/2023 11:37 AM
Does anyone has an example of a petition form to remove or reduce the buildings valets?
Under FS 718, petitioning the board for this is not a recognized option.

Owners can petition the board to place items on the agenda. From FS 718:

If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose.

Is this what you mean?
NattyM (Florida)
Posts: 21
Posted:
The bylaws state 75% of the unit owner has to sign the petition so the board can put it on the Agenda.
Is there a form where I can give to the unit owner to sign. I just need an example of the form with the correct wording.
Thank you
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By NattyM on 07/15/2023 1:19 PM
The bylaws state 75% of the unit owner has to sign the petition so the board can put it on the Agenda.
This conflicts with the statute. In a conflict, the statute prevails. Per FS 718, to submit a lawful instruction to place an item on the agenda, one needs signatures representing only 20% (twenty percent) of the voting interests.

I do not see a form. Below is a format that might work. When 20% have signed, make a copy, and send the originl petition registered mail, return receipt requested to the registered agent or the COA manager. Or give to the manager and get a receipt.

Ocean Horizon COA Owners' Petition
To Add Agenda Item to Board Meeting
Pursuant to FS 718.112 (2) (c) 1.*

The undersigned hereby petition the Board to place the following item on the agenda for either (1) the Board's next regular board meeting; or (2) for a special meeting of the Board called for the purpose of discussing this item.

Agenda Item
===========
The Ocean Horizon COA currently employs approximately ___ valets. The valets have been observed on numerous occasions to be idle for much of their shifts. Some owners believe the number of valets should be reduced substantially, to save money. Is such a reduction appropriate (a) from a contractual standpoint; and (b) from a budget standpoint; (c) from a workforce standpoint?

Owners
1. [Name] [Address] [Date]

2. [Name] [Address] [Date]
.
.
.
30. [Name] [Address] [Date]

*From FS 718.112 (2) (c) 1.: "FS If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose."
NattyM (Florida)
Posts: 21
Posted:
Omg yes this is perfect thank you so much.
NattyM (Florida)
Posts: 21
Posted:
Omg yes this is perfect thank you so much.
KerryL1 (California)
Posts: 14,550
Posted:
It's also possible that your Board is friendly enough that they permit owners to submit agenda items w/out jumping through a petition hoop per the Bylaws. Can you find out if your Board welcomes agenda suggestions (as ours does from your Community Manager? If it does, it might even have a form to complete as we do.

ElleN's letter looks good. If it's also the case some owners in buildings near mine don't like to wait for their cars. They're required to use valets. If yours requires it too, maybe you'd want quickly mention that.

In Florida, you have the right to request assoc. records and if I were you, I'd want to t review the contract with the vast service vendor before anything else.

Your bylaws stating 75% is surprising. Are you sure it's talking about a board meeting? Or is about a Members (owners) Meeting?

NattyM (Florida)
Posts: 21
Posted:
The board told me I need to get 75% of the owners to sign a petition for them to put it on the meeting agenda and then everyone will vote. The board and building manager is difficult.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By NattyM on 07/15/2023 2:59 PM
The board told me I need to get 75% of the owners to sign a petition for them to put it on the meeting agenda and then everyone will vote. The board and building manager is difficult.
FWIW:

The Florida legislature pointedly changed the law around 2008 because a 2004 governor-appointed task force heard from HOA/COA owners that it was too hard to get an agenda item on the board. See https://www.floridacondohoalawblog.com/2018/03/25/owners-can-add-items-to-board-agenda/

Get the 20% number. Submit the petition. Wait. Report back with the COA's response.
KerryL1 (California)
Posts: 14,550
Posted:
It would help a lot if you would exactly quote what your bylaws say about petitions looking carefully at the name of the type of meeting your Bylaws are referring to.

Yes, our manager is separate from the Board too, but owners' communication and requests go to him. We don't just send something to "the Board." While addressed to the Board, we'd give it or mail it to the community manager.

Is your manager on your premises? What size is your HOA?

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