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ClaraP (Florida)
Posts: 1
Posted:
In the state of florida, can a board meeting be held without properly notifying all owners? Can the board approve HOA monthly increases without properly or adequately presenting financials to the home owners and without homeowners vote/input?
SheliaH (Indiana)
Posts: 6,964
Posted:
What do your documents say? You should always start there when you have questions on how the community is to be run. That information is usually in the bylaws.

After you read them, go yo the next board meeting and ask your questions.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
As Sheila mentioned your governing docs might have something to say on the topics, but Florida also has fairly extensive association laws too. You didn't mention if your association is Condos or not, there are some differences in the laws between the two. Condos are governed by Florida Statute 718, HOAs by 720. In either case the law requires board meetings to be properly noticed and open to members (with very limited exceptions). Excerpt from FS 720.303 below.

As far as I know, these state laws don't require any member input on developing and approving the budget, or in setting the annual assessment level based on the budget. You should check your bylaws and other governing docs for your association to see if they have any requirement for member approval.

(2) BOARD MEETINGS.—
(a) 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.

(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. 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.

(c) The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include the following:
1. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the association bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners’ association. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on the association’s website or an application that can be downloaded on a mobile device for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the association property. Any rule adopted must, in addition to other matters, include a requirement that the association send an electronic notice to members whose e-mail addresses are included in the association’s official records in the same manner as is required for a notice of a meeting of the members. Such notice must include a hyperlink to the website or such mobile application on which the meeting notice is posted. The association may provide notice by electronic transmission in a manner authorized by law for meetings of the board of directors, committee meetings requiring notice under this section, and annual and special meetings of the members to any member who has provided a facsimile number or e-mail address to the association to be used for such purposes; however, a member must consent in writing to receiving notice by electronic transmission.

Escaped former treasurer and director of a self managed association.
LoriM15 (Florida)
Posts: 1,009
Posted:
Douglas is correct. The state statutes for HOAs don't require input from owners or notice to owners before the budget is adopted at a board meeting. However, the meeting notice must be officially posted 48 hours before the meeting and the budget adoption must be a line item on the agenda. So owners would know that the budget was going to be discussed at the meeting. Then, the adopted budget must be mailed to all owners within 14 days after the meeting.

For condos, it's a little different. The proposed budget must be mailed 14 days before the meeting to all owners.

In either case, the budget can only be adopted at a properly noticed official board meeting and the budget must be a line item on the agenda.

That said, in our HOA we send out the proposed budget in advance and hold a budget workshop where anyone can come and make comments. Then we vote on the budget at the meeting and send out the final budget.

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