Petitions

Started by RuthN • 6 replies • 1371 views

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RuthN (Florida)
Posts: 41

Posted:

Absent any reference to member petitions in bylaws how should the Board of Directors respond to petitions requesting that the Board put the location of a gate to the vote of the members? It has been understood that the final decision is the Boards.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ruth,
Yes it will be the Boards final decision as to where the gate will be located but I hope that they have done some research to locate the gate in the best, workable location. Below is from the Florida Statute 720;303,(d)
Are you a HOA or a Condo asociation because condos would follow Statutes 718 which might be worded differently.

d) If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.

RuthN (Florida)
Posts: 41

Posted:

Yes, the board has been involved in almost a year of study relative to the placement of the gate. I appreciate the reminder about Florida 720. We are a homeowners association. The board is divided as to the placement but almost reach a decision today but decided to await the board's attorney's final recommendation as to the wording of the agreement (between the association and two affected homeowners.We have been told that the wife of a new board member is circulation a petition asking that the membership vote on the placement. We don't need any more controversy or hard feelings!

As I read 720 if the 20% level is reached the board must consider the request for a member vote. But it does not have to do anything other than listen to the request snd provide time for members to speak to the request.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ruth,

The Attorney should be involved now that you have said that there are 2 homeowner properties involved. That is the safe and right thing to do. So what is this lady circulating the petition for? You said so that the membership can vote on the placement? Why is she doing that?

No to your second paragraph. They cannot petition to vote on the placement of the gate UNLESS the Board wants to do that but you will find that only the really interested people on a mission, will vote on this. It is a Board decision.

I quote this again---"""Other than addressing the petitioned item at the meeting, the board IS NOT obligated to take any other action requested by the petition." Sometimes, there are too many cooks stirring the pot and there will never be a concensus of opinion on most Board actions involving this type of item. So do what is best and what the Attorney gets worrked out with the 2 owners.

TracyT (Maryland)
Posts: 228

Posted:

Donna,

First, I agree with you and the OP that the issue does not warrant this action (the association more than likely voted on the expenditure to install a gate “somewhere in the front” . . . that would be all that is necessary of them, particularly if its not going in their front yard).

However, you said “They cannot petition to vote on the placement of the gate UNLESS the Board wants to do that . . .”

“IF” the petition states the association members request a meeting to vote on X [let’s say for another example to remove director Y], the petition was the mechanism to call a special meeting for the purpose of a vote.

To not proceed to a vote (after all due process) seems like a perfect opportunity for the Board to say [or it may be perceived by others as] "yeah, yeah but we don’t want to do that so go jump off bridge".

How would you reconcile this (even if the homeowner is technically wrong)?

Thanks.

RuthN (Florida)
Posts: 41

Posted:

Just reread some of my posts. I am not the greatest typist - oops!

The Board voted months ago to erect the gate at the fairly new rear entrance to our development. The gate has been partially funded by the developer. The placement issue revolves around utility easements and documents that state that a security gate can be erected across the main street of out development. (As I read it that means it could be erected anywhere on that street not at any particular location.)The majority of the present board wants to erect the gate so that it would not impinge upon the property of two home owners. The old board claimed that because of an easement that might require the gate be moved in the dim future that the gate should impinge on the two properties and that those homeowners should have known about that possibility when they bought their homes. (Actually the title company has admitted that they did not reveal that info at closing and apparently made a financial settlement with the owners.)

We really need that gate because the rear entrance is now blocked to traffic. The front entrance (this being Florida and in season) is very dangerous with 4 lanes of fast moving traffic. There has already been an injury.

We are ending up with a divided community with some very negative feelings being expressed.

MagdaS (Florida)
Posts: 32

Posted:

We are a HOA with 974 units projected, about 550 finished at present.

When hurricane Charliee struck in 2004 we were promised more secure access to the community. We have a main gate and another one around the corner from a different street. The side street entrance is overseen by remote camera from the front gate. Anyway, after Charlie the developer/HOA appointed an Access Control Committee fo residents to get their recommendations.
The committee worked hard, checked everything and recommended that instead of re-building the side entrance gate to put electronic gates on either side of the interior main street. This would keep golfers etc (ours is a private course with fgree acces o the public) from roaming our streets at their pleasure.
Guess what: The developer decided to build another palatial entrangate at the side street at great cost (he paid).
Our worries about unlawful entrance by outsiders came true and we recently had a rash of break-ins (5 and 2 weeks). Now the developer closed that gate to oursiders and we get all the traffic right through our community.
What I am trying to say to you is this: Decide which location is best for you, the residents and stick to your guns. Hope you have more luck than we did.

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