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Post by Admin on Feb 7, 2017 0:09:41 GMT -5
BOD continues to describe closed meetings as "privileged". It is a Board meeting that is exempt from owner notice requirements due to the specific matters discussed. Only two matters can be discussed to exclude owners: privacy of employee matters and matters involving actual or pending litigation. An attorney must be present to be exempt under the latter exclusion.
The only litigation pending that I am aware of is a premises liability matter involving personal injury.
Minutes must be produced of the meeting, as in all BOD and Member meetings.
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Post by jimherbst on Feb 7, 2017 6:16:36 GMT -5
I have a question and a comment. My question is: Are the open meeting and public notice requirements for Homeowner Association BOD's the same as those for municipal governing bodies, pursuant to Chapter 286.01 of the Florida Statutes? My comment is: If Ch 286.01 is the applicable statute, it would appear that members of a Homeowners Association BOD who violate the Open Meetings law are subject to civil forfeitures of $500 per member, per occurrence, and can be further be prosecuted for a misdemeanor offense, pursuant to Ch. 775.083. If the SLohA Board is flagrantly and consistently violating the Florida Open Meetings law, I am willing to file a formal complaint with the Polk County prosecutor's office. It has long been apparent to me that some members of the Board knowingly act in violation of SLohA's Covenants but they do so under the conviction that few of us can afford a civil suit. In particular, I am troubled by the lack of a record of exactly when the Board approved the lease agreement with KCNET for the towers. But, if we can get the Polk County prosecutor involved, we stand a better chance of getting to the bottom of the history between the Board and KCNET.
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Post by Admin on Feb 7, 2017 17:12:22 GMT -5
jimherbst: Meeting rules of the road are specified in at least 3 documents for HOA's: the not-for-profit corporate law (FS617), the homeowners act (FS720) and the SLohA governing documents. Florida FS720 defers to the Bylaws so the Bylaws control meeting notice. An affidavit of notice IS required by our Bylaws!SLohA Bylaws:
In my opinion, SLohA's meetings are governed by its own governing documents--the Bylaws. The Bylaws clearly state that notices of ANY meetings sH all be mailed at least 30 days before the meeting and a Certificate attesting to the mailing must be recorded in the Minutes. SLohA should be adhering to its own Bylaws, or change the Bylaws to conform with FS720. FS720 provides a remedial/curative clarification to the nature and conduct of meetings and notices to members. It describes Annual Member Meeting, Election Meeting, Regular Board Meetings, *Committee Meetings, and Special Member Meetings. *Committee Meetings generally require notice to membership when they anticipate spending Owner Money. This has never been done at SLohA. That notice would fall under the Bylaws Notice Requirement as "any meeting".FIVE different kinds of meetings. There is no such thing as a "Privileged Meeting". This is a fantasy of self-inflated egos. FS720 specifies the various notices required to members in the absence of provision(s) in the corporate Bylaws. This provision IS PRESENT AND CLEAR in our Bylaws so FS720 defers to SLohA Bylaws. Additionally, FS617 states: The notice need not describe the purpose of the special meeting unless required by the articles of incorporation or the bylaws.
SLohA documents are silent on that matter. So, this would be governed by FS720 which requires that the content of the Special Meeting be included in the Notice.
SLohA Bylaws also provide a separate notice requirement for "unofficial" meetings. An example of such a meeting would be a Workshop where the fewer than a quorum of board members would actually discuss business with the Owners and allow a conversation to take place. This was done before the Management Company got here and discontinued the Workshops.
Our Bylaws also provide for special notices to the BOARD DIRECTORS THEMSELVES as an internal formal notification of regular and special meetings; this is 5 days in advance and such advance notice is also to be published for the information of Members. Board Directors can waive this notice.
Finally, the Bylaws permit a non-noticed meeting to be held immediately following the election of directors. A quorum must be present to elect the officers. That is strictly Board bizz.
Many people believe that HOA is subject to Florida's Sunshine Law. It is not. It is applicable to government agencies. While there are similarities in the state Open Meetings Law and Corporate Open Meetings Laws, HOA's cannot be prosecuted and penalized under the Sunshine Law. My reading of FS286.01 is that it was written for the public government sector and not the (quasi) private government sector.
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Post by pestcontrol on Feb 9, 2017 22:12:58 GMT -5
An open statement to both the SLohA BOARD and the management company of Stmbug Ixx, Inc. : WAR IS EXPENSIVE. Do not bring anymore neighborhood fights to our community.
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Post by Admin on Feb 17, 2017 17:44:20 GMT -5
Still no Minutes of the "privileged" meeting published...
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