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DavidL41 (Florida)
Posts: 4
Posted:
Is there any consequence for a CAM disallowing, me as a homeowner, to speak to the Board on an agenda item. Request to speak was requested 24 hrs in advance via email to the CAM. Can I file a complaint to the state of Florida?
ElleN (Idaho)
Posts: 4,420
Posted:
Please indicate whether this is a condominium subject to Florida statute FS 718, or a non-condo HOA subject to FS 720.

Each of these statutes provides a path for you to take to enforce your right to speak at meetings on agenda topics.
DavidL41 (Florida)
Posts: 4
Posted:
FS720
DavidL41 (Florida)
Posts: 4
Posted:
FS720
DavidL41 (Florida)
Posts: 4
Posted:
FS720
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DavidL41 on 07/11/2024 7:07 AM
Is there any consequence for a CAM disallowing, me as a homeowner, to speak to the Board on an agenda item. Request to speak was requested 24 hrs in advance via email to the CAM. Can I file a complaint to the state of Florida?
Not exactly. What FS 720 authorizes in this case is a demand for presuit mediation and the possibility of an emergency, temporary injunction (via the courts), ordering the HOA to let you speak. This is covered in FS 720.311 (2).

I have over a dozen years of experience observing a variety of HOA litigation up close and personal. I have worked, as a director on a board and owner, with several HOA attorneys. If you want to know what I, would write to this board, please ask.

I am not an attorney.

If you stay focused here on what I post, then I will stay focused on helping you.

LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By DavidL41 on 07/11/2024 7:07 AM
Is there any consequence for a CAM disallowing, me as a homeowner, to speak to the Board on an agenda item. Request to speak was requested 24 hrs in advance via email to the CAM. Can I file a complaint to the state of Florida?

1. Has the meeting happened yet?
2. Since it has to be an open meeting by Florida statute, and the board has to allow discussion on any agenda item, were you not able to just speak at the meeting?

Please describe the circumstances.
KerryL1 (California)
Posts: 14,550
Posted:
At the meeting, try appealing to the meeting chair. Or, are you saying, the CAM presides?????

Lori, per statutes, must every owner who wants to contribute to the meeting get permission 24 hr. advance of the meeting
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By KerryL1 on 07/11/2024 10:40 AM
At the meeting, try appealing to the meeting chair. Or, are you saying, the CAM presides?????

Lori, per statutes, must every owner who wants to contribute to the meeting get permission 24 hr. advance of the meeting

This is from the current statute. The association can set rules about how long you can speak and when in the meeting, but you have to allow someone to speak AT THE MEETING. Note that it says "designated items". Most people interpret "designated items" to be items on the agenda. We just had new legislation go into effect July 1 (HB 1203 and others) and to be honest, I have heard that the rule was changed to allow a member to ask about anything at a meeting but I can't find a reference to that.

(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.
LoriM15 (Florida)
Posts: 1,009
Posted:
I forgot to add that IF David's HOA requires that you sign up 24 hours in advance to be able to speak, then they might justify denying someone the right to speak at the meeting. I think that rule could be challenged. But if he is following the rules and the CAM denied him the opportunity to speak at all, then they have violated the statute.
DeanJ
Posts: 1,786
Posted:
If I were on a board in a state that required open meetings and the board was required to allow people to speak, I would try to get the board to limit comments to 2 minutes.
TerriS6 (California)
Posts: 3,284
Posted:
A 2 or 3 minute limit makes sense if a dozen people want to speak but if there are only a few, a strict limit is unreasonable.
LoriM15 (Florida)
Posts: 1,009
Posted:
We do not limit comments at our board meetings because 1) we don't usually have anything controversial to discuss and 2) I am good at keeping tight control of the meeting.

We also communicate with residents outside of board meetings. The treasurer and I each write a report for our monthly newsletter where we explain what is happening. We have an onsite PM and assistant who communicate well. I answer all emails and phone calls I receive from residents.

Usually problems with residents speaking at board meetings is from lack of communication in advance - where the board meeting is the only place they have to find out what's going on.

However, we own a condo in another development that has a condo association, a master association and a CDD. All three organizations limit comments to three minutes. It's very common in our area to do that.
LayaS (Nebraska)
Posts: 249
Posted:
Quote:
Posted By LoriM15 on 07/12/2024 7:35 AM
We do not limit comments at our board meetings because 1) we don't usually have anything controversial to discuss and 2) I am good at keeping tight control of the meeting.

We also communicate with residents outside of board meetings. The treasurer and I each write a report for our monthly newsletter where we explain what is happening. We have an onsite PM and assistant who communicate well. I answer all emails and phone calls I receive from residents.

Usually problems with residents speaking at board meetings is from lack of communication in advance - where the board meeting is the only place they have to find out what's going on.

However, we own a condo in another development that has a condo association, a master association and a CDD. All three organizations limit comments to three minutes. It's very common in our area to do that.

Sounds like you have a well-run HOA.
KerryL1 (California)
Posts: 14,550
Posted:
With Dean, a two-minute limit for owners to speak is just right. This would be especially true in FL where owners may comment on ANY agenda item when it is before the Board.

At a general open forum, which many states require, 2 minutes is plenty of time. Over 18 years of monthly open forums at my HOA. I've heard no questions or comments that need to be more than 2 minutes. A good chair will permit can own to continues if relevanthere is no good reason why the Board and fellow ownrs must sit there and listen to an 8 minute spiel about random or silly things.

Lori's skill to keep meetings tightly controlled is a huge asset to her HOA!

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