WHAT IS THE REASON OR DEFINITION OF AN EMERGENCY MEETING

Started by KevinJ1 • 12 replies • 7412 views

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KevinJ1 (Florida)
Posts: 51

Posted:

I looked in the FL. statutes and could not find the definition or a reason for a board to have an emergency meeting....Could someone explain to me what an emergency meeting is and why a board would have one..also i have a board meeting question...FL. STATUTE 718-112 (C) board of administration meeting....states that a meeting pertaining to amendments to rules regarding unit use,will be cosidered shall be mailed,delivered or electronically transmitted to the unit owners and posted 14 days prior to the meeting..does this mean that if the rules and regs are ammended or changed the meeting that the board votes on the new ammendments has to be mailed and a sign posted 14 days in advance or only in certain situations...i ask this because i'm on a rules and regs commity and the board is going to ammend some rules and add other rules to our rules®s including a list of the cost of fines...so can the board have an emergency meeting on the rules and regs vote them in and not post a sign or notify owners 14 days in advance ..please let me know as the FL.STATUTE is not that easy to interperate...thanks Kevin...

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hey Kevin,

You must be busy because we haven't heard from you in a while.
What is an emergency? Both 718 the condo Statutes and 617, the Not For Profit Laws do not have the definition of an emergency for meeting purposes.
Yes, you absolutely must give a 14 day notice to change or amend any Rules and Regs. That's the law But an emergency meeting would be the call of the BOD hopefully with good discression upon calling one.

This is from 718; Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the members of the board. Such emergency action shall be noticed and ratified at the next regular meeting of the board. However, written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the association. Upon notice to the unit owners, the board shall by duly adopted rule designate a specific location on the condominium property or association property upon which all notices of board meetings shall be posted.

617.0207 Emergency bylaws.--

(1) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt bylaws to be effective only in an emergency defined in subsection (5). The emergency bylaws may make all provisions necessary for managing the corporation during an emergency, including:

(2) The board of directors, either before or during any such emergency, may provide, and from time to time modify, lines of succession if during such emergency any or all officers or agents of the corporation are for any reason rendered incapable of discharging their duties.

(3) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.

(4) Corporate action taken in good faith in accordance with the emergency bylaws:

(a) Binds the corporation; and

(b) May not be used to impose liability on a corporate director, officer, employee, or agent.

(5) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.

BrianB (California)
Posts: 2,820

Posted:

i can think of a couple reasons for emergency meetings... these don't define them, just provide examples:

The landscaping company quits without notice, and the situation needs handled quickly
the management company quits without notice
Something comes up that requires regulatory compliance by X date or else: perhaps an tax report, engineering plan, compliance directive from the state, new rule or reg is passed, etc.
disaster befell the community, and decisions need to be made: tree removal, insurance processing, water quality problems, accidents/damage to common property, wind damage, tornado, etc..

JosephW (Michigan)
Posts: 882

Posted:

I don't think you could define "emergency" in law, you would always leave something out. I would think that a board that calls an emergency meeting would have to be ready to justify it. The only acceptable reason would be that the issue could not possibly wait until a properly called meeting could be held. The list of "possible" reasons for this type of meeting is endless, which is why I think it needs to be left to the people elected. If challenged, they'll have to be able to justify it.

Joe

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DonnaS (Tennessee)
Posts: 5,671

Posted:

I agree with that statement Joseph,

Kevin is in hurricane country so he always has an unknown to contenplate. We needed a meeting to use funds for some extreme damage to a pump that equalizes the 14 lakes and THAT was an emergency meeting. Some issue that can wait, like landscape or a new M.C, to me is not an emergency.

BrianB (California)
Posts: 2,820

Posted:

lol.. donna, i guess the definition of emergency all depends on how your landscaper or MC leaves you... with 12 inch high grass, running sprinklers, gallons of oil in the storm drains, overdue and unpaid bills, an empty checking account or in trouble with the city for violations...

DonnaS (Tennessee)
Posts: 5,671

Posted:

Brian,

How did all of those issues mount up so that they were not handled as they arose? Bunching them together certainly is an emergency but who was watching over this landscape company and didn't someone see that there were some issues that needed attention long before it got so bad? We had a very long thread a short time ago as to what is considered an "emergency" and there was then and never will be a universal answer.

KevinJ1 (Florida)
Posts: 51

Posted:

Hey guys, Thank you so much for your opinions and knowledge of these so hard to understand and interperate statutes.You ever think they make them hard to understand so an attorney will have to be hired...But one more question can an association be fined for not giving a 14 day notice or not having a reason for having an emergency meeting and would the rules@regs be enforcable if the board had an emergency meeting to adopt or ammend the [email protected] personaly think the meeting can wait 14 days but some board members think the meeting has to be right now,I'm not on the board just some of the commitees so my vote does'nt matter i just dont want some owner gettin mad and the association ending up in court over somthing that should have been done by the book,Sad thing is our P.M.is not that good at advising the board .Oh yea if the board does have the emergency meeting do they have to post the next meeting 14 days in advance to discuss the [email protected] again Kevin..

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kevin,
Because the Statutes do not define "emergency meetings" I certainly would NOT skip the 14 day meeting notification to try and pass Rules and Regs. This would be a big mistake because the 14 day notice is written the way it is so that the membership CAN and SHOULD be able to review them in a timely fashion. This is NOT an emergency and your Board must be careful when trying to avoid the Statue requirements for meeting notification. I see no emergency.

The association cannot be fined for skipping the notice but you can be recalled for being less than in compliance with the Statutes.

KevinJ1 (Florida)
Posts: 51

Posted:

Hey Donna,Thank you for sharing your knowledge i appreciate it and yes i've been busy trying to stay away from the so hard to understand 718 statute but with people like you to help interperate it ,it sure does help.Thank you so much Kevin..on more thing what does recalled mean?

RobertG (Arizona)
Posts: 505

Posted:

I once heard a reasonably good definition (and this was from a lawyer)

It is an emergency meeting if you don't have time to call a lawyer to find out if it is an emergency.

DonnaS (Tennessee)
Posts: 5,671

Posted:

ROBERT,
LOVE IT. WE ARGUE THE DEFINITION ALL OF THE TIME ON THE SITE AND NOW WE KNOW WHAT IT IS. THANKS!!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Kevin,

This is the Statute part that states about the 14 day notice to members for rule changes.

" Any item not included on the notice may be taken up on an emergency basis by at least a majority plus one of the members of the board. Such emergency action shall be noticed and ratified at the next regular meeting of the board.
(HOWEVER, WRITTEN NOTICE OF ANY MEETING AT WHICH NON EMERGENCY SPECIAL ASSESSMENTS OR AT WHICH AMENDMENTS TO RULES REGARDING UNIT USE,)
will be considered, shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the association. Upon notice to the unit owners, the board shall by duly adopted rule designate a specific location on the condominium property or association property upon which all notices of board meetings shall be posted.

Recalled means that IF there is a petition by a certain percent of the unit owners, presented to the Board for their recall, the Board must address this recall. That is a whole other chapter but it means that the membership can remove one or all Board members by a petition.

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