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SimonS (Florida)
Posts: 15
Posted:
In florida, are there rules regulating about who on a Board of Directors can call an emergency meeting? The second vice president is the one who is requesting it for the purpose for legal advise for an ongoing lawsuit that in a few days is going to mediation. Does he have that authority? Seven out of 11 would like to have this meeting,The President is not in favor of discussing the concerns the other Board members have,he has not offered to have one. Thank you

MaryA1 (Arizona)
Posts: 7,043
Posted:
Simon,

Look over your gov. docs, possibly the bylaws. There should be an article discussing board meetings and who has the authority to call a special and/or emergency meeting. My bylaws state: "Special meetings of the board shall be held when called by the Pres of the Assn or by any 2 directors, after giving to each director not less than 3 days notice. . ." Also, check out the state laws for emergency or special meetings.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Simon,

The President calls an "Emergency Meeting" but it can be at the request of any Board members if they feel the need. BUT!!!!

If you read your Statute 720;303 2.(a)& (b)
It states about such a meeting as you are referring to. I only copied the second part of the paragraph----------------

2) BOARD MEETINGS.--

(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.

(b) "Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the members is inapplicable to meetings between the board or a committee and the association's attorney, with respect to meetings of the board held for the purpose of discussing personnel matters."

Unless you need approval for continuation of your litigation from the membership, this meeting is closed to the members and you need not post it.

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