Post by Admin on Nov 20, 2015 17:46:02 GMT -5
The Hot Topic at the moment. As many of you might recall, a previous board voted to shut down owner participation at Board meetings and only permit Owner Comments after the meeting was adjourned. This was supposedly per a Robber's Rules protocol. That was a lie. Virtually ALL constituency meetings provide for participation and discussion guidelines.
The Board additionally stopped having Workshops (unless necessary). The board decided that it was not necessary for owners to know anything about the business of their park and conducted all business discovery and ventures out of sight of owners. This resulted in very brief business meetings and owners had virtually no knowledge of the board's actions or rationale, culminating in the Land Modification debacle.
As a consequence of secrecy and exclusion, the winds of change are of hurricane force blasting across S-bag Lake. Owners have had it "up to here" with being left out of the loop and being regarded as an inexhaustible source of income only for the board's spending sprees, constant do-overs of projects and vanity lawsuits against targeted individuals.
The Board has, at the last meeting, somewhat reluctantly agreed to at least consider the notion of participative business meetings. Suthrd waved an article by "someone" that he urged the board members to read on the subject of members speaking at meetings. I thought that was probably Rikki White who is a Condo columnist. I had corresponded with Rikki a few years ago and was well aware of his knowledge of CONDO law. CONDO law has many, many differences from HOA law. Anyway, here is the article that I think Suthrd was waving around:
Rikki made several assertions that do not apply to HOA's. One of them is "The Board is obligated to produce an agenda". That may be true for CONDOS--but it is not true for HOA's. Also, he stated that "only matters on the agenda can be discussed and voted on". This is also not true, for the same reason as #1. If you are not obligated to produce an agenda, then directors cannot be held captive to discussing and voting only agenda items. Suggestions to "write letters on an agenda item" are likewise not applicable to HOA's.
Further, Mr. White states that members have 3 minutes to speak on agenda items. Perhaps that is true of CONDOS, but HOA's have no such requirements. There is no 3 minute limitation and the right to speak is to "designated items" a term not clearly defined in the statute. That has been construed by attorneys to mean "anything that is discussed in the meeting" and, since HOA's are not required to produce an agenda, it clearly cannot limit speaking to agenda items:
720.303(2)(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.
As you can see, HOA provision of Right of Members to speak is very broad and not tightly defined, but the intent is not to limit speaking, but to expand it and place reasonable parameters around speaking.
So, Board Members, please read FS720 if that is to be a basis or guideline for future conduct of meetings for SLohA. SLohA is not a condo and has laws that are significantly different from Condos. Mr. White does not hold himself out to be an expert on HOA law--only Condo law.
In any case, SLohA is not currently governed by the Homeowners Act (FS720) because the Covenants have expired; thus, it is only subject to the provisions of FS617 and the Florida Administrative Code and "sunshine laws".
The Board additionally stopped having Workshops (unless necessary). The board decided that it was not necessary for owners to know anything about the business of their park and conducted all business discovery and ventures out of sight of owners. This resulted in very brief business meetings and owners had virtually no knowledge of the board's actions or rationale, culminating in the Land Modification debacle.
As a consequence of secrecy and exclusion, the winds of change are of hurricane force blasting across S-bag Lake. Owners have had it "up to here" with being left out of the loop and being regarded as an inexhaustible source of income only for the board's spending sprees, constant do-overs of projects and vanity lawsuits against targeted individuals.
The Board has, at the last meeting, somewhat reluctantly agreed to at least consider the notion of participative business meetings. Suthrd waved an article by "someone" that he urged the board members to read on the subject of members speaking at meetings. I thought that was probably Rikki White who is a Condo columnist. I had corresponded with Rikki a few years ago and was well aware of his knowledge of CONDO law. CONDO law has many, many differences from HOA law. Anyway, here is the article that I think Suthrd was waving around:
January 30, 2015
Condo line: When should residents speak at board meetings?
Raising new issues at a board meeting denies directors the opportunity to study an issue and make a well-informed decision.
By Rikki White
CAMquestion@cfl.rr.com
Q: At the last board meeting the board made a motion, discussed it and voted to pass it. During the discussion a member raised his hand with an idea but was not allowed to speak until after the vote. Then when he was permitted to speak he said it was too late, but they wanted to know and agreed the idea should have been discussed.
I now wonder why I should go to board meetings. You listen while they discuss issues and pass motions, but are not allowed to give any new ideas until the end of the meeting. I have a lot of ideas on maintenance issues but believe the only way to bring them to the board is to write a letter, but I am afraid letters aggravate them. Are letters the best way to bring issues to a board?
B.W.
Condo line: When should residents speak at board meetings?
Raising new issues at a board meeting denies directors the opportunity to study an issue and make a well-informed decision.
By Rikki White
CAMquestion@cfl.rr.com
Q: At the last board meeting the board made a motion, discussed it and voted to pass it. During the discussion a member raised his hand with an idea but was not allowed to speak until after the vote. Then when he was permitted to speak he said it was too late, but they wanted to know and agreed the idea should have been discussed.
I now wonder why I should go to board meetings. You listen while they discuss issues and pass motions, but are not allowed to give any new ideas until the end of the meeting. I have a lot of ideas on maintenance issues but believe the only way to bring them to the board is to write a letter, but I am afraid letters aggravate them. Are letters the best way to bring issues to a board?
B.W.
A: A board meeting is not a place to bring new information before the board. The board is obligated to produce an agenda. Only the items on the agenda can be discussed and voted on.
For the board to make intelligent decisions, the directors must study information on each agenda item before the meeting. If new information is brought before the board at the meeting, it’s almost impossible for the directors to make an intelligent vote. If new items are added to the agenda and the board acts on them, members that did not attend may object because they did not have a chance to study the missing agenda item.
If you have concerns, suggestions or improvements, send them to the board in writing several days before the meeting. This will give the board a chance to review your information and determine if it needs to be added to the agenda. If it’s done correctly, the board should be pleased that the members are concerned and are providing them time to study the problem or suggestion.
I have seen meetings where members want to ambush the board. They asked embarrassing questions and didn’t allow the board a chance to study their questions. Sending a letter well in advance allows the board to answer concerns with the best information available.
A board meeting should be a business meeting where board members can make decisions after they have had time to study the issues. It is not a meeting for members to air their problems or make suggestions.
The statutes do allow members to talk on an agenda item. They would be allowed up to three minutes to present their concerns or information. I would suggest that the member write a letter about a particular agenda item and present their ideas or concerns. Standing or interrupting in a meeting is not a proper way to present new information. If you’re concerned that the board will not address your problem, send a letter by certified mail.
For the board to make intelligent decisions, the directors must study information on each agenda item before the meeting. If new information is brought before the board at the meeting, it’s almost impossible for the directors to make an intelligent vote. If new items are added to the agenda and the board acts on them, members that did not attend may object because they did not have a chance to study the missing agenda item.
If you have concerns, suggestions or improvements, send them to the board in writing several days before the meeting. This will give the board a chance to review your information and determine if it needs to be added to the agenda. If it’s done correctly, the board should be pleased that the members are concerned and are providing them time to study the problem or suggestion.
I have seen meetings where members want to ambush the board. They asked embarrassing questions and didn’t allow the board a chance to study their questions. Sending a letter well in advance allows the board to answer concerns with the best information available.
A board meeting should be a business meeting where board members can make decisions after they have had time to study the issues. It is not a meeting for members to air their problems or make suggestions.
The statutes do allow members to talk on an agenda item. They would be allowed up to three minutes to present their concerns or information. I would suggest that the member write a letter about a particular agenda item and present their ideas or concerns. Standing or interrupting in a meeting is not a proper way to present new information. If you’re concerned that the board will not address your problem, send a letter by certified mail.
Rikki made several assertions that do not apply to HOA's. One of them is "The Board is obligated to produce an agenda". That may be true for CONDOS--but it is not true for HOA's. Also, he stated that "only matters on the agenda can be discussed and voted on". This is also not true, for the same reason as #1. If you are not obligated to produce an agenda, then directors cannot be held captive to discussing and voting only agenda items. Suggestions to "write letters on an agenda item" are likewise not applicable to HOA's.
Further, Mr. White states that members have 3 minutes to speak on agenda items. Perhaps that is true of CONDOS, but HOA's have no such requirements. There is no 3 minute limitation and the right to speak is to "designated items" a term not clearly defined in the statute. That has been construed by attorneys to mean "anything that is discussed in the meeting" and, since HOA's are not required to produce an agenda, it clearly cannot limit speaking to agenda items:
720.303(2)(b) Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.
As you can see, HOA provision of Right of Members to speak is very broad and not tightly defined, but the intent is not to limit speaking, but to expand it and place reasonable parameters around speaking.
So, Board Members, please read FS720 if that is to be a basis or guideline for future conduct of meetings for SLohA. SLohA is not a condo and has laws that are significantly different from Condos. Mr. White does not hold himself out to be an expert on HOA law--only Condo law.
In any case, SLohA is not currently governed by the Homeowners Act (FS720) because the Covenants have expired; thus, it is only subject to the provisions of FS617 and the Florida Administrative Code and "sunshine laws".