Park owner attending HOA meetings.

Started by GlennE • 31 replies • 2219 views

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GlennE (Florida)
Posts: 30

Posted:

SusannaM (Florida)
Posts: 366

Posted:

FL 723 pertains to mobile homes in Florida and I have no experience in mobile homes. I can only tell you that in condos and HOAs, tenants need a written authorization from landlord to speak at condo board meetings. In HOAs, not even homeowners can speak at board meetings unless the board allows it. That is not to say you can prevent a person to show up at a meeting if the meeting is held in a public place. But engaging in a discussion is a different matter.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Glen,
Florida has open meeting Statutes for HOAs, Condos and Mobile Home associations. Whether an outsider can speak, is another thing which requires a writting request to be able to be reccognized to address the assemble. You can or may not let them speak, depending on individual bylaws.

As the owner of the park, that person has vested interest in the happenings of the members properties. Unless you are conspiring for a revolt, your members should be happy to have the owner or their rep on board for meetings. Is there some member who does not want the owner rep present other than a former president?

I just scanned 713 and also did not find retsrictions on attending or non attendence at HOA meetings.

DonnaS (Tennessee)
Posts: 5,671

Posted:

SORRY GLEN, IT SHOULD HAVE BEEN 723 (I scanned 723, not 713)

SusannaM (Florida)
Posts: 366

Posted:

Quote:

Posted By DonnaS on 01/12/2009 12:43 PM

Glen,
Florida has open meeting Statutes for HOAs, Condos and Mobile Home associations. Whether an outsider can speak, is another thing which requires a writting request to be able to be reccognized to address the assemble. You can or may not let them speak, depending on individual bylaws.

As the owner of the park, that person has vested interest in the happenings of the members properties. Unless you are conspiring for a revolt, your members should be happy to have the owner or their rep on board for meetings. Is there some member who does not want the owner rep present other than a former president?

I just scanned 713 and also did not find retsrictions on attending or non attendence at HOA meetings.

Donna, I think you may be confused, again. The FL open meetings rule are for homeowners, and not everybody present at that meeting can speak on matters related to the agenda. Are you a licensed CAM???

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susanna,

PULEEZEE,

DO NOT TELL ME THAT I AM CONFUSED--AGAIN!! Read ALL of the post, not just what you want to criticize.

I said --"Whether an outsider can speak, is another thing which requires a written request to be able to be reccognized to address the assemble. You can or may not let them speak, depending on individual bylaws. " There is NO Statute that says that they cannot speak, if done properly.

My association had outside interested parties occasionally show up with important information regarding membership issues. Example, word had gotten out that the property behind us was going for rezoning and the person who showed up was a neighbor. Did we let him speak? YA THINK??

SusannaM (Florida)
Posts: 366

Posted:

Maybe I am not following you....

1) FL Statutes open meeting rules are intended for homeowners, not for occasional speakers invited by the board.

2) Any person can show up at a meeting if it's held at a public place. I think this applies to all states in the US.

3) Unless you hold a FL CAM license you cannot claim you have an in depth knowledge and hands-on experience in all types of FL communities.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By SusannaM on 01/12/2009 1:37 PM
Maybe I am not following you....

1) FL Statutes open meeting rules are intended for homeowners, not for occasional speakers invited by the board.

I don't see anyone claiming they are. . .

Quote:

Posted By SusannaM on 01/12/2009 1:37 PM
2) Any person can show up at a meeting if it's held at a public place. I think this applies to all states in the US.

Not really. We hold our annual meeting at the local government center. It's a public place, free and open to the public. We can restrict who enters our meetings.

Quote:

Posted By SusannaM on 01/12/2009 1:37 PM
3) Unless you hold a FL CAM license you cannot claim you have an in depth knowledge and hands-on experience in all types of FL communities.

Sure you can. It's easy. Um. When did you get your license?

It's pretty clear your intent here is to criticize, contradict, taunt, harass, and otherwise berate and browbeat various posters.

How's that working out for you?

DonnaS (Tennessee)
Posts: 5,671

Posted:

I wonder if the point being missed here is that the OWNER of the land wants to or has attended the meeting or meetings. He owns the parcels, these folks just rent his land. Does he not have rights to address the HOA?

SusannaM (Florida)
Posts: 366

Posted:

Michelle, why are you replying for Donna ??? or, are you two in fact the same person ???

A FL mobile home owner (OP) can care less what you do in your own subdivision or town in Kentucky.
It has no relevance in Florida. Unlike you, I seldom post on threads that are NOT from FL.

I have recently taken the course and I'm in the process of applying for my FL CAM license. You have to pass a background check, fingerprints, the works, and take the state exam once your app is approved. In addition, I hold a FL real estate broker license, and have owned many different properties throughout Florida over the years. I have served on boards in FL and Ohio. I am also a bookkeeper and seasonal tax preparer. What about you ???

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glenn asked: "Can the park owner or representative attend out HOA
meetings."

My answer would be yes, why not? As Donna pointed out, this guy is the owner of the park, why wouldn't he be welcome to attend a board meeting? I'm not familiar with the FL mobile home park statutes, however, I doubt they state a park owner cannot attend an HOA meeting. Many statutes do address who IS permitted to attend and some even state who may speak. However, the statutes do not say who CANNOT attend a meeting. I would say the board has the authority to permit anyone they choose to attend a meeting and even speak. It's not uncommon for a board to invite a special guest to attend a meeting, perhaps a rep of the Police Dept or a City council member. I doubt there is a state law anywhere preventing this or even preventing these reps from speaking at a board member. Common sense tells me I'm right in answering Glenn's question with a resounding "YES!"

SusannaM (Florida)
Posts: 366

Posted:

Quote:

Posted By GlennE on 01/12/2009 11:31 AM
Out office manager attended our HOA meeting this morning and it was brought up that anyone working for the management
should not be allowed at our meetings. A former president said according to 723 they could not, but I can't find it
in that statute so I would like some input on this matter. Can the park owner or representative attend out HOA
meetings. Thank You. Glenn E

Mary, not so fast....you don't know the particulars. Why are you repeating what Donna thinks?? She did not initiate the thread. Glen says is was someone working for the management co. not the land owner representative. No one on this forum is familiar or well versed in mobile home parks in FL, including myself.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By SusannaM on 01/12/2009 3:05 PM

Well, Susanna, I invite you to read again what Glenn asked. Look at his last sentence: "Can the park owner or representative attend out HOA."

My answer is "Yes". That's my opinion and I'm sticking with it. The fact that Donna didn't initiate the thread doesn't mean a thing. I happen to agree with what she says -- period. I said I was not familiar with the mobile home park statutes; however, I do have a right to give my opinion, and that's all I did. In fact that's all anyone does on any of the threads posted on this forum.

SusannaM (Florida)
Posts: 366

Posted:

Mary, you are right...I missed Glen's last sentence. I'd tend to agree that park owner can attend meeting but we don't know if the residents are in litigation with the owner or, some other situation. We just do not have enough facts. Glen will have to provide more details.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Glen,
I need to find better things to do than what I just did. I read ALL of 723 and did not see anyplace where the owner or representative of the park may not attend any owners meeting. ""IF"" the park is owned by the individual lot members, and they have formed a HOA, then the meetings are held similar to condo and HOA Statutes. That means that anyone wanting to address these Boards, must apply in writting, their desire to address the Board on subjects which are present on the agendas.

So I stick to my original post which says that I find nor do I understand any reason why the owner or rep should not be allowed to attend.

Do you have any common property in the park? Is that owned by the members or the owner?

GlennE (Florida)
Posts: 30

Posted:

I have read all of your replies. No we are not in litigation and we are not at war with the park owner. I should
explain that they don't care if they attend the meeting but after they say what they need to say and answer any
questions from the floor that they should then leave before the meeting starts. The Park Manager's job description
states he will attend the HOA meetings. I take this to mean the entire meeting. I appreciate all the info I have
received and will try to condense it into a good answer for the members. Thanks and I'll be watching in case there
are more replies.

GlennE (Florida)
Posts: 30

Posted:

The park is owned by the owners.

PattiM (Arizona)
Posts: 13

Posted:

Out office manager attended our HOA meeting this morning and it was brought up that anyone working for the management
should not be allowed at our meetings. A former president said according to 723 they could not, but I can't find it
in that statute so I would like some input on this matter. Can the park owner or representative attend out HOA
meetings. Thank You. Glenn E

I only gave a quick and dirty to the statute and didn't see anything that spoke to this. I can't imagine that office managers would be prohibited by statute. Maybe by the MH docs, but it would make no sense, IMO. The office manager is staff and so should be there to provide input when asked and I would think that it would be a plus to have this person in attendance- it would enable them to better do their job.

If the performance of the OM is to be discussed, then yes, inform him/her that they are not to take part in the meeting. But as a rule, why wouldn't the office manager be, not just welcomed, but required to attend?

GlennE (Florida)
Posts: 30

Posted:

Actually I should have said the former president said it was against 723 for the park owner to be at the meeting.
There was a motion from the floor to exclude the owner or representative from the meetings and there was a
second and we were about to take a vote when I stopped it and conferred with the board and we decided to wait and
explore the legal aspect before we take the vote which we will at the next meeting.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Glenn,
Now that's the way to solve this kind of a problem. Ask legal and hope that they have the correct answer.But experience has shown some of us that 2 lawyers can have 2 different answers. Then what?

GlennE (Florida)
Posts: 30

Posted:

And that is the problem we face, everyone that reads something that pertains to this problem comes up with a different answer.

GlenL (Ohio)
Posts: 5,491

Posted:

Glenn, why not ask the former president to show you in the statutes where it is prohibited?

Studies show that 5 out of 4 people have problems with fractions

SusannaM (Florida)
Posts: 366

Posted:

Glen, FL Statutes are meant to be guidelines. In certain cases override HOAs Covenants and Bylaws. When the governing docs are silent about a topic then you can use the Statutes to proceed in a lawful manner. However, every association has its own organizational rules. If these rules do not contradict the Statutes then there is no case to argue.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Then what happens when the Statutes AND the governing documents are silent?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By DonnaS on 01/13/2009 7:39 AM

Then what happens when the Statutes AND the governing documents are silent?

Donna,

The BOD should use their God-given common sense (provided they collectively have any!)!!! LOL

As I said earlier, "Many statutes do address who IS permitted to attend and some even state who may speak. However, the statutes do not say who CANNOT attend a meeting."

Frankly, I think a big deal out of nothing is being made here. The question is should the park owner or his rep be allowed to attend an HOA meeting? State law does not address this; all it says is that MEMBERS have a right to attend board meetings. That does not equate into meaning no one but assn members and board members are allowed to attend meetings. All it means is that members have a right to attend board meetings and the legislators felt it was important enough to put this into statute.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mary

I certainly know what my answer would be. LOL also
God given sense? I love your optimism on this. If the O.P Board had used any sense, they would have asked the former Pres to give them the example of where he got his opinion not to let the owner of the park into the meeting. As I posted and so many have agreed, what harm comes from the owners attendence at the meetings. Here is an example of no one looking up any documents or Statutes before restricting meeting members.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Donna,

It's also an example of someone (the board Pres, right?) professing to know the laws when they really don't. So, what else is new??? LOL

GlennE (Florida)
Posts: 30

Posted:

In fact I approached him at the meeting with 723 in hand and what he pointed out to me did not pertain to what he
had stated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Great way to solve the original problem. You must be from Kansas like I am--- SHOW ME!!

GlennE (Florida)
Posts: 30

Posted:

I would like to thank each of you for replying to my question. Most was very helpful, and it was very nice to hear from so many of you with enough different answers that I have come to the conclusion that most of you agree with my
first thoughts when this motion was made. I have only been president for one year, but our board has a great working relationship with the owner and manager and I have compiled a lot of your answers which I will let the board read and my recommendation will be to allow management to attend our HOA meetings. Again I thank you all.

SusannaM (Florida)
Posts: 366

Posted:

Quote:

Posted By GlennE on 01/14/2009 6:17 AM
In fact I approached him at the meeting with 723 in hand and what he pointed out to me did not pertain to what he
had stated.

Glenn, this is something I have just posted on another thread. The reason why FL Statutes do not address renters or who can or cannot be present or speak at a meeting, etc. is very simple. Those details are up to the HOAs and their own internal organizational rules. The laws in FL (and I'm sure in other states) are intended for homeowners where membership is a mandatory condition of ownership in the community.

Good luck.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By GlennE on 01/14/2009 6:33 AM
I would like to thank each of you for replying to my question. Most was very helpful, and it was very nice to hear from so many of you with enough different answers that I have come to the conclusion that most of you agree with my
first thoughts when this motion was made. I have only been president for one year, but our board has a great working relationship with the owner and manager and I have compiled a lot of your answers which I will let the board read and my recommendation will be to allow management to attend our HOA meetings. Again I thank you all.

Glenn,

IMO, a very wise decision! Considering the fact that he is the owner of the park I would think you would want to have a good relationship with him. Barring him from attending meetings of the HOA would certainly not be conducive to that.

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