3 board members can't meet

Started by BarbaraD6 • 6 replies • 2484 views

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BarbaraD6 (Florida)
Posts: 347

Posted:

The manager and lawyer stated that because of the sunshine laws 3 board members can't be together as it makes a quorum. Now that I'm on the board with 4 friends does that mean we can't get together socially? Can we meet as long as we don't discuss the HOA? We want to do the right thing.
thanks
Barbara

SusanW1 (Michigan)
Posts: 5,202

Posted:

There's that "m" word again - Meeting. But let's use some common sense.

Just be sure you are not conducting association business i.e. making decisions and motioning/voting.

Of course, you can get together socially. How else would you win the bowling trophy?

DanaB1 (Connecticut)
Posts: 319

Posted:

I'm sorry to disagree with Susan but you can't meet. I suggest you get new friends; since I don't own a home or condo is Florida why don't you start with me. I have some vacation time coming up and I'd be happy to come down with my family so that we can become friends. Do you have a pool? Are you on the water?

Keep your friends. :-) Just don't talk "shop". There is only so much that can be expected of you. Keep the owners happy by keeping them informed and I don't think you'll raise much suspicion.

I could be totally wrong but we'll know soon enough.

Dana

AnneH2 (Florida)
Posts: 82

Posted:

If your attorney and manager are citing the Sunshine Law, I'd get a new attorney & manager. Sunshine Laws only apply to government bodies.

However, I believe they are correct that a quorum of the board getting together socially could be construed as a meeting of the board. We had a board with a majority of dog owners. They "met" several times a day when they walked their dogs at the park. And what about a neighborhood party when the entire board is present?

While anything can be challenged, I think there is a point at which common sense should prevail. If a quorum of a board wanted to scheme outside of a regularly called meeting, it can easily be done. And friendships develop among board members all the time.

Perception is reality and if members think that a group of board members is plotting for their own interests, it wouldn't matter whather they ever got together outside of an official meeting. The members would still think something was up, IMO.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I disagree - if ONLY these members met, discussed HOA business only, and made decisions by a vote, then it could be construed as a "meeting" of the corporation.

The best thing to do is not give the impression that these folks are holding a gathering FOR THE PURPOSE of conducting business.

(Anyone with a problem would have to look at the "intent" of this kind of gathering. Did they gather for the purpose of discussing HOA business, or are they just socializing and subject matters came up?)

DonnaS (Tennessee)
Posts: 5,671

Posted:

Barbara,

I agree with everyone else but first and foremost, what the heck is with the manager and lawyer? They both ought to know that the Florida Sunshine Laws do NOT pertain to HOAs. There are 2 different paragraphs stating so. I don't have a copy here but it is clearly written to exempt HOAs because we are required to follow 720 and 718 Statutes for our meetings procedures.

As to Board members being together? Another nonsense. My Master Board Pressident had a Thank You party every year for the 20 Board members. That really makes a quorum but business is not a topic that anyone wanted to discuss when the Margarettas flow.

MaryA1 (Arizona)
Posts: 7,043

Posted:

I would think the intent of the FL statute is the same as AZ, in that if a quorum of the board meets AND discusses assn business, whether any action is taken or not, it IS considered a meeting. There is nothing to prevent a quorum of the board meeting socially, as long as they keep assn business out of their discussions. Don't even say HOA! In fact why would you want to mess up a good time by talking about the HOA? LOL

I find it interesting that the mgr and the lawyer don't understand that an HOA is not a public body, which is what the FL sunshine law pertains to. Like someone else suggested; get rid of them immediately!

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