HOA Meetings

Jean:

I would just remind the board of proper voting procedures and recording Minutes of the meeting. That they cannot just have a get together out in some one's driveway and make decisions that way.

Jean,
You need to do a couple of things at the next meeting.
First of all, you are allowed to call a "POINT OF ORDER", which means that the Board has done something illegal in the procedure. In your case, the meeting was not posted properly and they cannot procede. Florida 720;303 requires a 48 hours notice with an agenda included.

Don't bother trying to report this to the Attorney General because it is not a big enough infraction for them to get involved. Take care of this from inside your association.

Copy the Statute that they are breaking. Maybe they just don't know OR they got away with it once or twice and will continue doing so until someone calls them on it.

Do you have a property manager? That person ought to know the law. Anyhow, below is the Statute for reference.

2) BOARD MEETINGS.--

(c) The bylaws shall provide for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to provide 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 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. The bylaws or amended bylaws may provide for giving 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; however, a member must consent in writing to receiving notice by electronic transmission.

Hey Gerald,
There is a seperate sentence stating the requirement for agendas to be on the notice. This is one reason that so many of the statutes are difficult to comply with because they seperate so many items in different locations. Makes it tough on Boards to know what to do sometimes.

Our Board does the same thing...they have meetings in a Board members house...and usually exclude the one member that usually opposes them. Last year the HO's received the invoice for the upcoming dues only 12 days before due w/a 10% increase (372/409). We received no warning of such an increase and there was no meeting. I sent an e-mail telling them that this was an illegal action and the increase should be null and void. I also ask how they came to make this decission w/o having a meeting?....I received no response...The Annual meeting was not held until March, even though our CC&R's state Jan. which is when our finscal year begines.

Our CC&R's do say an increse can be done w/o HO vote at a limit of 10% but it also states:

"Fix the amount of the annual assessment against each lot owner at least 30 days in advance of each annual assessment period."

"Send written notice of each assessment to every owner subject thereto at
least 30 days in advance of each annual assessment period.

What is a HO to do if the Board does not follow the CC&R's. And they are doing it "knowingly and willingly"....Don't tell me recall, there is no one who wants the job except a couple of us (myself included)...I have volunteered many times but they will not let me on the Board. That is because I was on the Board once and I wanted to follow the rules. Stating that if they didn't like the rules than we should bring them to the HO's and have a vote to change them....They even appointed a HO that lives out of town to a Board position to keep me out. Even though it also stated: Directors man NOT vote by proxy or by secret ballot at Board meetings except a secret ballot may be used when electing officers."

There must be some offical that these "knowingly and willingly" actions are taken by the Board. There must be something out there for the protection of HO's.

Donna....I was thinking about doing that....you you saying one letter will cost me $1000.....I'd sure like to get more then one letter for that much money....I'm going to trying writting the HO's once again and this time send a few of the financials for them to see themselves, instead of just my word. I hate it when HO's just don't care. When I talk to HO's they complain about this and that but(this is only the 5/6 that even go to a meeting or should I say use to go) Then at a meeting they say nothing, set silent. Like now, these few are pushing me to do what ever it takes to get on the Board but when I ask, who is going with me, they all have excuses.