Rules, Procedure to enact (Florida)

Started by BrendaS4 • 4 replies • 1500 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BrendaS4 (Florida)
Posts: 40

Posted:

Is it correct that when making a rule per Florida Statute 720, a board should properly notice all owners 14-days in advance and should also have it appear on the 48 hour posted agenda?

My board enacted a rule without this notice so owners had no idea the board was going to do this.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Brenda,

That is correct. Any Rules and Regs need to be given to all members of the association, 14 days prior to a vote by the Board of Directors. The Board normally has the right and duty to create these rules but the membership also has the right to know of them, with the ability to address concerns reguarding them. The 48 hour posting would mean only that Rules and Regs will be voted on, not a posting of what those rules are.

From 720:303-(2) Board Meetings----

"Written notice of any meeting at which special assessments will be considered or
at which amendments to RULES regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

BrendaS4 (Florida)
Posts: 40

Posted:

Thanks, I wanted to make sure that my interpretation was correct. I have presented this info to the board two weeks ago and they have NOT acknowledged. Interesting that you pointed out that the rule itself does not have to be addressed in the 14-day or agenda, just that a rule is being voted on. Is that your interpretation because the statute does not specifically say the "name of the exact" rule needs to be announced -- just rules? I just want to make sure that if I "debate" with the board that I have all my backup and understand it. Although, common courtesy would seem to indicate that the exact rule be announced.
Thank you.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Brenda,

Our very wise and expensive HOA attorney told us that we are required to present a list of any rule changes with the 14 day notice. To NOT show what rules are being addressed is absolutely wrong as the members need to know what is being voted on by the Board. The question is "WHY WOUlDN"T YOU GIVE IT TO THEM?

BrendaS4 (Florida)
Posts: 40

Posted:

Donna, I agree. Thanks you

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here