Florida Statute 720-CAM not following

Started by LisaR21 • 3 replies • 170 views

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LisaR21 (Florida)
Posts: 22

Posted:

Florida Statute 720 states that HOA “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” cannot vote by email. Our CAM has asked the Architectural Review Board of our association to vote by email on many occasions. Thoughts?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The CAM is not an HOA member. This they do not know or follow the rules. They are a paid contractor to the HOA. So they are probably following their process instead of the HOA. If want it to change then get the CAM feet out of your soup. You go by HOA documents.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Simply ask the CAM how that is in compliance with (name specific section of statute).

LoriM15 (Florida)
Posts: 1,009

Posted:

FS 720 allows discussion by email but not formal voting. Is it possible that the architectural committee/board is just having discussion but does a formal vote at a properly noticed meeting?

If they are actually voting by email, I would suggest you either bring this up, with the citation from the statute, at the next board meeting (HOA board, not architectural board) or send a formal letter to the board with a CC to the CAM, expressing that they are violating FS 720.

As others have pointed out, the board is ultimately responsible, not the CAM. The board may not be aware this is illegal.

Is the issue that you feel they are voting on architectural changes "in secret" without allowing discussion from the homeowners involved? Your documents should allow you to appeal any decision of the architectural committee/board to the HOA board.

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