New corporate resolution

Fancy way of telling one to shut up and stop asking so many questions? LOL... Let's do this instead. Why not tell the person they can come view and make their own copy of the financials and OFFICIAL meeting notes? If they have any more questions then come to a meeting where all items are discussed. You can make them pay for the expense of providing copies but otherwise they have the right to view/make their own copies.

Then tell them they now have the SAME information the board has and can answer their own questions... The decision making is up to the board.

Henry

You all are sounding like retired school teachers laying down your law to a bunch of kids.

I am not aware that FS 720 has any guidance for inquiries, or has any verbiage around inquiries and how or even whether they need to be responded to.

720.303 does however give members the right to inspect and copy records of the association. Just stop responding to inquiries and allow members to inspect the records according to the law.
The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour.

If you want to create a resolution, do so to adopt the "reasonable written rules" referenced by the law.

You know that would handcuff Terri.

The Association serves on behalf of the owners which means the owners can ask all the reasonable questions they wish. In fact, they should be encouraged to do so.

And it is never a good idea to silence people who have a right to speak. This will most certainly create far more problems than you are attempting to eliminate. (As if policing the quantity of questions was not problem enough.)

Perhaps you can form a budgetary committee and invite this person to serve (they are not going to drill you about a budget they helped create). Or perhaps your Treasurer could sit with this person for an hour and explain the budget.

Having just finished shepherding our 200+ Unit high rise through examining all of it 20 pages of Rules & Regs,-- governing documents in CA HOAs, and adding some and deleting some, and gaining Board approval of it, I think that the the above "resolution" is not a board policy resolution at all, but a Rule. And it is not reasonable as most posters showed. CAI has an excellent list of Rules Do's & Don't' that I don't have handy, and the sample fails in a few ways.

It restricts and limits members (owners conduct). I don't know if FL 720 has a definition of Rules & Regs or has requirements about the Board making new ones. In CA, proposed rules must go to owners for a 28-day period of comment before the Board can vote on it. Calling it a "resolution," imo, is inaccurate. That a board member or someone else spent so much time writing such a lengthy, overbearing rule is astonishing and makes it seem that this board has no other matters to attend to?

Boards should not make a Rule because ONE owner is a pain or because there is ONE incident* Simply do as most seasoned board members here advise and place all of the permitted financials & the docs on a protected web site as most HOAs do nowadays. The PM or treasurer meeting with this person for 15 minutes also might help a lot.

If the owner is taking up too much meeting time at Open Forum in Board meetings, the Board can make a simple rule for open forum meetings that limits the owner's questions to one at a time about Assoc matters. The person's second question waits until all other owners have had a chance to ask questions. this woks very ell in our HOA.

*Our worst board member for trying to make picky silly rules in an our recent update had two. They weren't long but "unnecessary" and "unenforceable." "Workers in Units may not eat their meals in our common areas or take breaks in our lobbies." this already is in every contract I've seen, but this director saw a man in work overalls eating his lunch in our common area.

This director's other contribution was: "No one under the age of 14 may be in any common areas unaccompanied by someone 18 years of age or older." This means that a 10 or 12 y.o. should not hav been permitted to ride an elevator to pick up the family's mail in the lobby mailroom or even walk down his floor's hallway to empty their trash in the Refuse Room. It made even less sense given we rarely hav had more than perhaps 8 children between say, 8 & 14. No, not JohnC's teachers, but a retired architect..

John,
I posted the piece of the document to see what others think.
I am opposed to the rule changes but the Board is a bunch of OLD, GRUMPY people.
Henry

Funny if it was not so sad.
Henry

Florida statute section FS 730.303(c) says in part:

The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month.

The statute section allows reasonable rules about the frequency of records inspections.

It appears the majority here believe that boards have no right to limit the frequency.

I do not buy this.

Good point AFAIC. To review what this proposed resolution says:
In my opinion Florida statutes do not require boards or managers to respond to any owner's "inquiry" that does not include a records request or request for an estoppel certificate or similar documents required for an owner to complete the sale of a home.

In Florida, owners have the right to speak at board meetings. But there is no requirement for the board to respond.

My conclusion is that in being willing to respond to inquiries that comply with the format given in the proposed resolution, the board is being incredibly generous. If I were on this board, the reason I would now vote against this resolution is because it creates owner rights that do not exist in the governing documents and state law, adding work for the board and management. Worse, there are other avenues for owners' to get information that are protected by statute, the bylaws and covenants. To illustrate: The proposed resolution has an example of an inquiry concerning clubhouse renovations. Note that an owner should be able to get the answers to this question, and similar ones, via records requests, including requesting minutes of meetings and attending meetings in person.