Post by Admin on Mar 16, 2014 17:18:11 GMT -5
Members have the right to gather petitions for a Special Member meeting per SLohA Bylaws:
Additionally, FS720.306 also applies:
(3) SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.
Editor Note: Because the statute defers to the governing docs, and SLohA governing docs specify 20 percent of the entire membership is required to call a Special Meeting, the a petition must have 158 signatures. Also, the petition must state the specific purpose or matter to be discussed at the meeting.
(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
Editors Note: The BOD is required to state the purpose or matter to be discussed at the Special Meeting when it mails notices to all members and posts the SLohA Bylaw specified 48-hour general notice on the property.
(5) NOTICE OF MEETINGS.—The bylaws sH all provide for giving notice to members of all member meetings, and if they do not do so sH all be deemed to provide the following: The association sH all give all parcel owners and members actual notice of all membership meetings, which sH all be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting.
Editor's Note: SLohA does not have a notice requirement specific to Special Meeting. Note a Special Meeting is not an Annual Meeting of the Members which SLohA does have special requirements for. Therefore, FS720 is the authority and requires a mailed notice to all members at least 14 days before the Special Meeting. The notice must specify the issue or matter to be discussed.
I am posting because owners are either talking about or conducting a petition. I have not seen it but I thought it might a good idea to describe the "rules of the road" about these petitions so that they are correct when presented to the Board.
A proper petition cannot force the Board to do anything; it can only force the board to hold a Special Meeting. The petition must clearly state the matters which will be the subject of the meeting. Members can make a motion at this meeting, get a second, discuss the motion and vote. As long as a quorum is present at the Special Meeting--ie 30% of the entire membership (237 members)--then the majority can conduct lawful business. It can vote on a and pass a new rule. Members can also get owner proxy votes for attendance at the meeting in order to meet the quorum requirement.
Section 2. Special meetings of the members may be held anytime within the State of Florida as provided in the notice of the meeting, and may be called by a majority of the Board of Directors, the President or in his absence a Vice President, or by at least twenty (20%) percent of the members holding the voting rights of the corporation.
(3) SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.
Editor Note: Because the statute defers to the governing docs, and SLohA governing docs specify 20 percent of the entire membership is required to call a Special Meeting, the a petition must have 158 signatures. Also, the petition must state the specific purpose or matter to be discussed at the meeting.
(4) CONTENT OF NOTICE.—Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
Editors Note: The BOD is required to state the purpose or matter to be discussed at the Special Meeting when it mails notices to all members and posts the SLohA Bylaw specified 48-hour general notice on the property.
(5) NOTICE OF MEETINGS.—The bylaws sH all provide for giving notice to members of all member meetings, and if they do not do so sH all be deemed to provide the following: The association sH all give all parcel owners and members actual notice of all membership meetings, which sH all be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting.
Editor's Note: SLohA does not have a notice requirement specific to Special Meeting. Note a Special Meeting is not an Annual Meeting of the Members which SLohA does have special requirements for. Therefore, FS720 is the authority and requires a mailed notice to all members at least 14 days before the Special Meeting. The notice must specify the issue or matter to be discussed.
I am posting because owners are either talking about or conducting a petition. I have not seen it but I thought it might a good idea to describe the "rules of the road" about these petitions so that they are correct when presented to the Board.
A proper petition cannot force the Board to do anything; it can only force the board to hold a Special Meeting. The petition must clearly state the matters which will be the subject of the meeting. Members can make a motion at this meeting, get a second, discuss the motion and vote. As long as a quorum is present at the Special Meeting--ie 30% of the entire membership (237 members)--then the majority can conduct lawful business. It can vote on a and pass a new rule. Members can also get owner proxy votes for attendance at the meeting in order to meet the quorum requirement.