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LeslieJ (Florida)
Posts: 7
Posted:
We have a board of 5 members. If three of the board members are together, is this considered a meeting? Our property manager is on site 2 times per week. The board posted a sign on the bulletin board that says there may be meetings or workshops held during the time of the property manager being on-site. There is no agenda on the notice and so far no minutes. We feel this is illegal. What do you think?

Les (florida)
DonnaS (Tennessee)
Posts: 5,671
Posted:

Leslie,

According to the meeting Statutes, any time a quorum of the Board meets, it is considered a meeting, needs 48 hour posting and with an agenda. The Board may NOT hold meetings or workshops without posting and an agenda.

Now, because the P. M. is on-site, the Board may do office work or discuss items with the P.M but there must be no decision making and no voting on anything. Discussions on delinquencies and other information regarding association functioning is allowable and work associated with the duties of the P.M.is also allowed but they are on a slippery slope with posting as they have done.
LeslieJ (Florida)
Posts: 7
Posted:
The property mananger is only on site about 6 hours per week. The purpose of them being on site is to answer h/o questions and concerns. The board thinks they need to be there.
AnnaD2 (Florida)
Posts: 960
Posted:
Leslie, then there should only be TWO board members in attendence with the p.m. Three or more just makes it look suspect. They all need to realise that.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Doesn't sound illegal so far.... but it all depends on what is discussed. You voted in your BOD, do you trust them follow the rules? Its your vote.

Lets say you have an official HOA meeting and approve a budget for $10,000 for landscaping. Good, thats legit. But this doesn't mean the BOD needs to give you minutes, notes, etc, every time they talk to the landscaper.

The same goes for the property manager. Once all the approvals are in place for the services someone is providing, one doesn't need to report back to the homeowners every little detail that is talked about with a particular vendor.

My 2 cents.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Leslie,
As Anna has said, the safe thing to do is to have only 1 or 2 BODs at one time, meeting with the P.M. As I said, having that Board quorum at these meetings is asking for trouble. There should be nothing so important that you would need to discuss which requires the entire Board to be present. That is what meetings are for unless this is litigation and legal stuff, which would then need your attorney present. It's in the Statutes.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
As Anna has said, the safe thing to do is to have only 1 or 2 BODs at one time, meeting with the P.M.

Thats just silly. I have found that most people who enjoy serving on boards/officers are retired and "some" even enjoy spending time with the other officers. If they are retired, they may just be looking for something to do.

I think your taking the term "quorum of the Board meeting" a little to literally.
AnnaD2 (Florida)
Posts: 960
Posted:
Steve, sorry if you think it's "silly" but this is Florida and the state statutes are very clear on this. We have board members get together quite often at their leisure; as friends. But when three or more of those board members are meeting with their p.m., and residents come to discuss problems and questions, etc., it certainly does "appear" that association business is being discussed.

It was suggested to Leslie that only one or two board members meet with the p.m. I'm also curious as to why their p.m. allows this to happen, too?
MaryA1 (Arizona)
Posts: 7,043
Posted:
Steve,

It may be "silly" to you but laws are laws and must be abided by. I don't know what the real intent of FL's open meeting law is but I do know that the AZ open meeting law is designed to afford members the right to attend ALL meetings of the assn. Past attorneys general have ruled that when a quorum of the board meets and discusses assn business -- whether a vote or any action is taken or not -- this constitutes a meeting and it must be properly noticed. Therefore, if those FL board members were in AZ they would be in violation of the open meeting law if the meeting was not properly noticed. Just posting a notice saying a meeting may take place is not a proper notification of a meeting which would include a specific date, time and place. AZ does not require an agenda to be posted as FL does.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Steve,

My association had a Master plus 3 sub associations, totalling 20 BODs. We had an annual "thank you" party thrown by the Master President where we all got together to chill out. No business was allowed and if someone dared to talk about anything other than party talk, we let them know that it was party time, not association time.

In order to not get in trouble, the website put a small, casual note on a page, informing the members that the Boards were having their annual chill out party, with no association business being talked about.

In Leslie's post, the fact that the P.M. is there AND the Board choses to post the fact that they MIGHT have a meeting or workshop. causes this to be a regulated meeting according to the Statutes.
LeslieJ (Florida)
Posts: 7
Posted:
With a board of directors of 5, 3 of them present constitues a quorum. All meetings require a notice, an agenda, and minutes. Our board and the PM seems to think differently. They have no regard for Florida law. Gov. Crist vetoed a bill 2 years ago that Homeowners would have the same rights as Condo owners in that if a complaint was filed, an ombudsman would investigate the allegations. Right now, the only way you can challenge the board on illegal items is to hire an attorney. So, I suggest all the residents of Florida, e-mail or call our legislators to press them for change.

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