Put it on the Ballot?

We have had a request from an association member to add an item to the Annual Meeting Agenda. He has the right to do that and the Board will OK that request.

He also requested that the item (a request to modify the HOA Covenants) be placed on the ballot (same meeting). This becomes problematic. Is the Board required to put any requested item on the ballot? Suppose someone says he want a vote on painting all the roofs pink or to close the roads at lunch. We would like to not put frivolous items on the ballot. But, who would decide that?

The ballot issue is not covered by our governing documents. Nor does it seem to be covered by FL statute. Would it be acceptable to have the Board 'screen' items before they are placed on the ballot?

Do you allow any and all items to be place on the ballot? How do you handle?

Thanks!!!

The point of my above post is to indicate that your documents probably do specify.

It would be covered in the section that discusses the process for amending your documents.

So your documents give absolutely no process for amending the CC&Rs?

For comparison, our governing documents have a process for amendment (as I'm sure most do), but that only specifies voter percentage (90% for Covenants/Deed Restrictions and 50% for Bylaws). I suspect this is fairly standard.

There are also provisions for calling and noticing meetings of the Membership. Meetings must have at least ten days notice and no more than 30 days, and the notice must specify the purpose of the meeting. The rest is left to the Board, who sets the agenda. There is no requirement to put any particular item on the agenda or on a ballot. Notices usually don't provide an agenda, but specify if it is an Annual Meeting and if Directors are to be elected.

I believe a responsible Board would give pretty much any Member a few minutes on the agenda to speak on any topic that may be legitimate HOA business. At that time, the Member could make a motion before the Members present for a vote. A Board could also refuse time for anything they did not want to hear (wisely if inappropriate and improperly if just contrary to their preference) and could call any motion out of Order. Usually the President of the Association chairs the meetings and would make such calls during the meeting at own discretion.

If amending your Covenants entails a process that cannot be accomplished at meeting (90% of eligible votes usually cannot be obtained at any meeting); then the Member could move at the meeting for a vote to send a ballot on his amendment, and the Members would then pass or fail that decision. If the Members pass it, then the Board would be obligated to send another ballot for the amendment. If the amendment process requires the vote but not the meeting, then the Board would not be obligated to call another meeting -- just to mail the ballot and to tally and abide by the results. But if that's the case, it may be simpler for the Member to just send his own ballot and/or canvass the neighborhood for signatures.

My opinion is that it's generally better to allow items on the general HOA ballot, if they are legitimate HOA business (even if the Board believes they are frivolous or silly). An additional item shouldn't cost much, and homeowners can make up their own minds. If the Board thinks it is foolish and does not wish to appear responsible for presenting it, you can ask the Member to agree to a note that it is presented at his request. The Board could even indicate a recommendation against the amendment. You can try to talk the Member out of it. Please tell us if you perceive any potential harm from this amendment. What is it, anyway?

MichaelK11:

Good thought process. The 'proposal' is not frivolous, but it would affect the lot setbacks and lot layouts (too complex to explain). The issue is one of precedent. This proposal would never meet the 75% approval of the community. We are reluctant to see it get to the ballot - for fear that others will feel they can put things on the ballot also. BUT, we also don't want to appear that we are rejecting proposals out of hand.

I do like the idea of putting it on the floor at the Annual Meeting. If a motion for a ballot does not pass at that meeting, it would be dead.

Donna:

I have been thru 720 and as you note, it addresses only how to get an item on the agenda - we have no problem there.

But, note that the statute does not address getting an item on the ballot - that is the dilemma we currently face.

I did not expect to see anything in statue or documents requiring the BoD to place measure on ballot. I'm not familiar with the FL statutes, but the 720 provisions we have seen in this thread only require that you listen to the Member at your Board meeting and make a decision. Unless there are other relevant provisions, it looks to me like you have authority to decide yes or no as to placing this on your ballot for the Annual Meeting.

The amendment is clearly legitimate business for the HOA Membership ballot. You are sure it would not pass. What harm?

Why not let anyone who wants to amend your documents request a ballot item. What harm? Are you worried that people will propose things that they could get passed, but would not be in your HOA's best interests? What has been presented here does not appear to restrict the Board from noting who requested a ballot item (a homeowner, not the Board) to show lack of support, or to even include a recommendation from the Board to vote against. Do you think adding ballot items may get expensive? That there could be a large number? You could always limit such items to a few per year.

Your posts don't suggest that you are worried about such things -- just that this seems out of the ordinary and you don't know what it might lead to. It is most likely to lead to people thinking that they and their neighbors got their say and were treated fairly by their neighbors on the Board, and maybe in retrospect what they proposed was not of much interest to everyone else. And if they do get the amendment, what harm then?

Your alternatives may lead to people thinking their neighbors on the Board are controlling little people with a little power. As volunteers making an effort to help out the HOA, who needs such attitudes and stress when they can be avoided. This could also lead to people sending their own ballots or trying to call their own meetings, if your documents allow for that. That sounds like more effort for them and for you to deal with, than just adding a ballot measure for the Annual Meeting. (If you think a separate ballot would be a more appropriate mechanism, then just suggest it outright, but I think opening up the Corporate Ballot would serve everyone better.)

It sounds like you are trying to find a reason to reject this without appearing to do so. From what you have said, I don't see the reason for going to that trouble. It could reduce your credibility and create unnecessary tension and schism.

Donna, it's clear that the Membership must vote on an amendment (probably by a supermajority, depending on whether their Covenants specify this or leave it to statue). Doesn't that amendment need to be on the ballot to be voted on?

As to initiating and preparing it, I read the statute you quoted to mean that the Board is required to consider any business (including a proposed amendment) if petitioned by 20% of the Membership, but they are not required to pass such a measure -- just to consider it and allow the Members to speak. Also, they can decide to consider any business (including a proposed amendment) without such a petition.

I believe, depending on the nature and complexity of a desired amendment, the Board or homeowner(s) could write it themselves. They may also be well-served by having a lawyer draft it, depending.

Are there no provisions in 720 for the Members to pass a measure by written ballot without a meeting (and without Board involvement)? I would be surprised if that is not in there. Why could an amendment to Covenants or Bylaws not be presented, voted and passed or failed in this manner? Why would Members not do this if they thought they could raise the necessary support and if their Board chose to obstruct them?

Because if you do it for one then you need to do it for all no matter how far out the proposed amendment may be.

Also, if not on the ballot for a regular (Annual) Meeting, why call another meeting, if this can be done by written ballot without a meeting? (IF -- I'm not suggesting all HOA's allow this in their governing documents.)

I think a Board should review the text for any amendment (with legal advice if necessary) to see if it does what is intended and is consistent with the rest of the governing document(s). I think this is another reason to just bring proposed amendments into the regular Corporate ballots, rather than tell Members to just do it themselves.