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KellyC3 (Florida)
Posts: 39
Posted:
there are six board members 5 were in attendance management company was in attendance, atorney for HOA in attendance. Was it a meeting? Should there have been minutes taken? We have three signs for posting the Meeting and only one was posted in the farthest community from the other three under the master association. MASTER HOA issues were discussed? We are in Florida.
BrianB (California)
Posts: 2,820
Posted:
it sounds an awful lot like one.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,

Who called the meeting, Do you have a seperate Board?? You are a "sub association? The posting of the meeting at the farthest community tells me that it was a meeting of your sub assoc." The management company was present and they usually take the minutes so I believe that it was a legal meeting of your sub assoc. Yes, you can discuss Master Assoc issues where they pertain to your sub assoc.
GeraldT4
Posts: 1,022
Posted:
KellyC3 - It was a meeting of the Board, and management. Depending on what was discussed, it may or may not need to be open to the community. Since the attorney was present there's a strong possibility that matters discussed were sensitive in nature and those types of meetings are typically considered executive BOD meetings and closed. If the matters discussed required a BOD vote, you should expect those matters to be voted upon in an open meeting in a timely fashion.
KellyC3 (Florida)
Posts: 39
Posted:
No let me clarify. We are the only sub association under a master association that consists of 4 communities. The three other communities fall directly under the Master. The "meeting signs" were placed by the master, and the meeting concerned master association items. They placed one sign about the meeting inside the farthest community from the others, the signs they posted near the larger communtiies with the most traffic were pertaining to an ACC meeting that was help the previous day.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,
There are still too many unknowns to make a good statement here. Did you read the agenda that should have been on the meeting post? What was the purpose of the meeting?

Now I don't know what is happening in your community, I can swear for sure that meeting postings do dissapear, get blown off by the wind, forget to be posted and all kinds of lame excuses so I don't know why the posting was not posted in all areas as this was a Master meeting.

And if you read Fl. Statutes on meeting postings, it does not specify how many places that it must be hung but as long as it was there in clear view just once, it is still within the limits. Do you have electronic postings? E-Mails?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,

I'm back with more questions. You have 4 associations but yours is the only "sub" association? Why are the other 3 not considered "subs"? All 4 of you fall under the Master association and I assume that the Master has the power of enforcement for all 4 of you.
KellyC3 (Florida)
Posts: 39
Posted:
It was open to the public..... The question is should minutes have been taken and since none were is it legal.
KellyC3 (Florida)
Posts: 39
Posted:
No, we have our own set of Documents and govern ourselves, we pay two association fees, our which is monthly and the master which is annually to cover the use of the amenities.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,

Do you know for sure that no minutes were taken because you stated that the P.M was at the meeting and that is their job. What was the purpose of the meeting? It should have been on the agenda.
KellyC3 (Florida)
Posts: 39
Posted:
Management company did not take minutes there was no agenda, and it was a "meeting" called by the Master Association. I am the President of the only Sub Association within the Master, we pay into the master for the amenities, we have our own set of by laws etc.... there are three other communities that are directly under the master.
KellyC3 (Florida)
Posts: 39
Posted:
We are gated and our HOA owns our road we have our own set of docs... We pay two association fees, monthly (ours)annually (master)for use of amenities.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,

All meetings need to be posted, which this one was but they need to post either the purpose of the meeting OR an agenda which you say they did not.

Do me a favor and find out what the purpose of this meeting was. And also find out why there are no minutes. Something is really odd here as the P.M was present, the attorney was present and there is no record of any proceedings. What's with that? Florida Statutes state that they must do those proceedures to have a valid meeting. Who sits on the Master Board?
KellyC3 (Florida)
Posts: 39
Posted:
There was NO agenda.
The only sign out of three signs for the area was posted inside the most remote communtiy. Their signs are made like a realtor metal sign (just like ours) the other two signs were used for a ARC meeting the day before.

Purpose.... Our amenities have become liabilities, our master was in the red in September and 30 days behind on bill, Special assessed (they have No cap in their docs on $$$ for Special Assessment, nor do their docs require vote for Special Assessment. Increase Annual fees,etc.. Our HOA and residents have been requesting since February of last year that they look at conveying the "recreational amenities" to our CDD. More $$$ and they have the ability for 100% collection.
The meeting was supposed to be for a vote of the board for it to go to vote of the residents (per docs) and the CDD represenative as well a resident from a community that lives in a development where the CDD takes care of the amenities, was there to give pro's and con's.

There are roughly 500 homes in our development there are probably 20 people that are on the web site. A newsletter went out stating there would be a meeting in January date unknown. The area where they posted the sign 1 mile from the traffic of the other communities and at the dead end of the main road. If you dont live there, there is no reason for you to travel down there.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Kelly,
I forgot, is your Sub Assoc normally included in Master meetings?
KellyC3 (Florida)
Posts: 39
Posted:
We are included in theirs (per docs), they are NOT included in ours (per docs)they contribute nothing to the upkeep and maintenance or $$$ of our sub. We pay into theirs.
JosephW (Michigan)
Posts: 882
Posted:
Kelly,

There was no agenda, no minutes -- were any decisions made? Off the top it sounds like an informational meeting, either the board putting out info or asking for input. Either way, if nothing was put forward as a motion, or no directives given, then it wasn't really a meeting under the Board/General meeting requirements. Just a possibility.

Joe

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