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AlexL1 (Florida)
Posts: 305
Posted:
I cannot find good information on how good hoa board meetings should be conducted. We have a closed session of course and then we have an open session for the non-HOA board members.

What might happen is if we ask visitor "A" to give any points they want, it might end up being a back and forth word battle. I have heard where sometimes the visitors to the meeting are given a certain amount of minutes to talk and/or to express their views on something.... then moving on to the next person, etc
SusannaM (Florida)
Posts: 366
Posted:
I'd take a look at Florida Statutes 720 (just Google it) and then compare notes with your governing docs. If By-Laws or Covenants do not address a specific issue, Florida Statute 720 should be your reference guide.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Whoa Alex,

What would a visitor be giving points to your membership about and what subject turns it into a word battle?
What does an open session for non HOA members mean?
I know that I have harped at you about following the Statutes on open meeetings and what is allowed. Like addressing the Board but you must write a request and speak for 3 minutes unless otherwise allowed by the Board. Thats the Statutes. Either look that up or I will post it for you.

As for closed sessions, they are allowed only under one circumstance and that is in regards to legal and pending litigations with the attorney present or personal matters of the members or Board.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Donna - does the concept of "open" meeting mean that the Members are allowed to "witness" or watch the proceedings of the Board meeting? Regular members are not allowed to vote or discuss or debate during the business time of the Board meeting?

Then, at the designated time, there is a "resident forum" time in which the Members have the right to ask questions.

Is that what Florida statutes mean?
AlexL1 (Florida)
Posts: 305
Posted:
Good question Susan
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan and Alex,

Yes, ALL meetings of the Board are required to be open to the membership---

"720:303-(2) Board meetings. (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. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community. "

(b) "Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. "

Individual Boards treat the open forum differently, some allowing member input during a subject being discussed, others opening up the floor near the end of a meeting. This is the only part of the Statute that does not have a time designating when the floor gets open. But members DO have the right to address the Boards by written prior request.

The only required "Members meeting" which is Statuted under "Annual Meeting" is the one where the members can set the agenda and hold elections. The only other meetings are called "special meetings" where perhaps an amendment change would be discussed, emergency issues arise budget reciew or special assessments are discussed. And any other subject that the Board might want to dedicate an entire meeting to.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Alex,

According to the info Donna posted regarding the FL open meeting law, you board is in violation of the law. As for a member addressing the board and it turning into a "word battle", that's the pres' fault. It's up to the Pres. to keep order during the meeting. If anyone starts shouting or arguing they should be called out of order and asked to leave the premises if they can't calm down. During the open forum when a member can speak to any issue they choose, it's best to just listen to what they have to say and not make any comments. This should avoid any "word battle" taking place. If a board member comments it only opens the door to confrontation. Just listen -- let the member vent and be done with it.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I can't imagine sitting on a board during a meeting where ALL Members of the HOA would have the same privileges as the BOARD members in the proceedings of the board meeting.

I don't think this is what an "open meeting" means.

The structured time for resident input is an entirely different thing. That can be put on the agenda at the beginning of the meeting and residents can speak about their issues at that time.

Public comment time is NOT continuous throughout the board meeting, IMHO.

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

Members of the assn do NOT have the same privileges at a board meeting as the board members do. THey do NOT have the privilege of voting on the issues being discussed. However, IAW the AZ open meeting law they do have the right to comment on any issue before the board takes action. The board has the authority to place reasonable time restrictions on those persons speaking during the meeting. This is the law. Whether the board feels it's cumbersome or not!

Taken from an Attorney General opinion regarding the open meeting law: ". . .we believe the council (HOA) should be strongly encouraged to always conduct public meetings which are properly noticed. Because it is obvious that the council has a great deal of influence on community affairs, we believe the public (members) should always be invited to attend, observe and even participate in the Council's deliberations."

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