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Sunshine law (again)

Started by RussS • 14 replies • 2338 views

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RussS (Florida)
Posts: 16
Posted:
Florida updated their HOA statues July 1 2008. This is slightly different than the Febuary 2008 version. The part about ARC meetings is Chapter 720-303.2. I have yet to determine if the slight difference means the sunshine law applys to the ARC in all activities or just those involving public constuuction code's. Any concrete info? Thanks
DonnaS (Tennessee)
Posts: 5,671
Posted:

Russ,
Just those involving public construction and codes. HOAs are not under Sunshine Laws. It says so in 2 places in the S.Laws book.
RussS (Florida)
Posts: 16
Posted:
DonnaS Did you read the " Florida Statues 720.303 (2) Are you saying the Government-in -the-sunshine manual Dated 2/25/2008, takes preference. I have printed both and still am not sure. I have alot of respect for your input. I can't help but notice that you have been on this forum for a long time. Thanks Russ
DonnaS (Tennessee)
Posts: 5,671
Posted:

Russ,

What part of 303 (2) do you refer to? If you find the 2 paragraphs in the Sunshine Laws that refer to HOAs, it specifically says that HOAs are exempt from the Sunshine Law open meeting requirements because HOAs must follow Statutes 720. Sunshine laws only refer to public orginazations and government meetings. HOAs are considered private entities.

I lived in S. Florida for 7 years and was a Board member and documents committee chair, writting amendments and ARC manuals so I am fairly aware of what 720 says. Thanks Russ
RussS (Florida)
Posts: 16
Posted:
DonnaS Please Google " Florida Statutes 720,303" and read number (2) "Board Meetings" and tell me how you interpret it... and thanks again for your input,,, Russ
DonnaS (Tennessee)
Posts: 5,671
Posted:

Russ,

I have a copy of the 2008 Statutes 720. 303-(2)Board Meetings, is very lengthy and has many paragraphs. Which part do you mean?
RussS (Florida)
Posts: 16
Posted:
DonnaS The first paragraph (a) The last 4 lines
DonnaS (Tennessee)
Posts: 5,671
Posted:

Russ,

Okay, here it is. "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"

This means that any committee meeting is also required to be open, including budget and ARCs. I guess I might be dense here so tell me what you are looking for.
RussS (Florida)
Posts: 16
Posted:
Donna The part that says a meeting to approve or dissaprove ARC decisions with respect to a specific parcel of residential property owned by a member of the community, the question is , does this mean a meeting must be called for things other than public codes etc. The original law was real clear... Your thoughts??
RussS (Florida)
Posts: 16
Posted:
Donna For example, many things a handled by the ARC that don't go thru a meeting
RussS (Florida)
Posts: 16
Posted:
Donna Sorry about my typing,
DonnaS (Tennessee)
Posts: 5,671
Posted:

Russ,
Okay, now we're cooking. The ARC meetings are required to be open. There may be times when they as a committee need to go onto a location to examine the specifics of an application but the meeting where they approve or disapprove, must be open to the membership. NO EXCEPTIONS!
RussS (Florida)
Posts: 16
Posted:
Donna Do you interpret it to mean that if the covenets are clear and a decision can be made by refering the homeowner to that point in the ARC rules, then it would seem silly to have a meeting to solve that issue, but things outside of the " book of ARC rules" would require a meeting of the ARC in which all members could attend, but with conditions , such as time allotted to speak etc...
DonnaS (Tennessee)
Posts: 5,671
Posted:

I take it that an applicant is questioning a decision? You have shown him the reason for the decision?

You should have regularly scheduled ARC meetings in order to turn applications over in a timely manner. There should be no reason for any other meetings. We did ours every other week and cancelled them WHEN there were no applications to review.

Also, the 3 minute time limit is not really something to be strict with. Some applications need hands and eyes looking at drawings or plans. This should be an informal setting where an owner can explain and get input from the committee. There will always be things outside of the book and knowing what your covenants say will help you to make good decisions.
RussS (Florida)
Posts: 16
Posted:
Donna, Having regular ARC meetings during the season is not a problem, but trying to put together an ARC meeting during the summer..UGH. 90% of the ARC is gone. (some of us to Tennessee)..It's not going to happen. But we will work it out! thanks for the input and have a great weekend. Russ

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