Post by Admin on Oct 15, 2013 22:54:32 GMT -5
Cross-post from AnonNews
Posted on CHUG:
First of all, there is NO SUCH THING in the Florida Statutes as a "Privileged Special Meeting". Privileged means "exclusive" and this is the relevant statute, which typically, was not referenced in the notice:
720.303
2) BOARD MEETINGS.—
(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
This meeting complies with the FS720 ONLY if both the conditions below are met:
A. There is proposed or pending litigation; this could be the case with Bxxxx. (There is no proposed or pending litigation concerning Txxxxx yet.)
B. There is an attorney present
I am sure the BOD will produce minutes of this meeting recording that the conditions for an (exclusionary) special meeting have been met. They are required to produce minutes sufficient to identify the proposed or actual litigation but need not disclose discussions. They must record any motions made and the result.
720.303
(3) MINUTES.—Minutes of all meetings of the members of an association and of the board of directors of an association must be maintained in written form or in another form that can be converted into written form within a reasonable time. A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.
______________________________________
August 31, 2013
"Per FL Statute 720, this meeting is closed to all owners"
THERE IS NO SUCH WORDING IN THAT STATUTE FOR BOARD MEMBERS TO HAVE ANY TYPE OF SPECIAL CLOSED MEETING WITHOUT THE REST OF THE MEMBERSHIP ALLOWED TO ATTEND!
TO BOD MEMBERS: YOU CAN'T CHANGE FLORIDA STATUTES TO SUIT YOUR NEEDS!!!!
____________________________________________________________
August 31, 2013
Maybe the reason for this special privileged meeting is to discuss how to handle the owner(s) who broke THEIR non-existent "rules" by planning to vandalize said owner(s) and/or their property like they've done in past by scratching up another owner's vehicles, putting nails/bolts under another owner's tires, stalking another owner's wife, and/or having security run another owner's wife off the road...
_______________________________________________________
This Special Closed Meeting is a mirror of the Owners meeting held in a private residence on the MRTA Issue.
Can we say Monkey see Monkey Do ?
___________________________________________________
To ANON above--there is no comparison between an Open Board meeting governed by FS617 AND FS720 and the April owner meeting--a privately arranged, by invitation-only, informational gathering paid for by an owner and held in a private residence. Additionally, the meeting was subsequently published for ALL owners to view on YouTube.
The flawed mirror analogy is not even close. The owner who hosted and paid for the meeting guest speaker was under NO statutory constraints or legal obligation to open the meeting to all.
Capiche, Monkey-person?
___________________________________________________
WANTED : Organ Grinder for Monkey person . Part Time on Call for Entertainment and Private Parties.
Must interact well with sometimes moody Monkey Person
Franchise and Stock Options Available DOE
Monkey Person will provide Monkey Person snacks and beverages
Applicant must be able to pick up Monkey Person "droppings" in bags provided .
Must have Resume and test positive for Alcohol
Must have minor experience with attaching Leash and Collar to sometimes difficult
Monkey Person . Training Provided
Equal Opportunity Employer
______________________________________________
Yet another example of BS spewing out of the MangeMouth...
If there is to be a closed meeting, owners deserve some respect to identify the attorney who will be in attendance and the general nature of the proposed litigation that owners are being asked to pay for.
MANBOD should respect owners enough to educate people about a special meeting that is legitimately closed to owners. They did not do this and sought legitimacy by invoking FS720 without producing or even referencing the actual statute language. This is a rare event and MANBOD should go to extra effort to establish credibility, which it does not currently enjoy.
Owners will pony up the money, most without knowing or caring about the costs being incurred on their behalf:
Attorney time: $175/hour + Time & Travel
Attorney Retainer (just to pay attention): $500
Statutory permitted pizza/beverage food cost for 11 (8 BOD, 2 Attorneys possibly 3, 1 Mange). I can't recall this per person amount and am not certain where I read it offhand, but I think it was around $25 per head.
What owners will get in return IF this is regarding Bxxxx's carport:
ZERO.
By the time IT's hate letters and attorney threats slither their way through due process, Bxxxx's lot will no longer be subject to covenants. SLohA would have spent a lot of time and money on nothing except soothing MANBOD egos. Perhaps THIS is the reality check being discussed at the "privileged" meeting. If so, kudos to BOD for actually thinking of the owners' best interest and looking at a bigger picture.
As an aside, FLS720 (303)(1) states:
Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained.
It's somewhat of a relief to know that there is an actual mechanism for "checks and balances" on this management group.
____________________________________________________
As long as we are a MANDATORY HOA. Once the Covenants are declared "expired", we are
Voluntary and FS720 no longer applies. All bets are off!
____________________________________________________________
September 1, 2013
even though there's a mechanism in place for checks & balances, it is generally not instituted by this management or the board and I seriously doubt they will be giving themselves any type of "reality check" at this meeting...
______________________________________________
September 3, 2013
About the Special Closed Meeting on 9/04/2013
Will Txxxx Hxxx Insurance Company attorneys be in attendance ?
Isn't BOD required to give Txxxx Hxxx notice of "Pending or Proposed Litigation" which is the purpose of the Special Closed Meeting ?
Maybe Owners should ask Tower Hill if they are representing SLohA in this Litigation, since MAN/BOD is so busy making Motions in secret Meetings .
Txxxx Hxxx Ins. Co. Phone # 800-342-3407
_______________________________________________________
September 5, 2013
Any News about The Special Meeting on Wed.? Fat Chance !!!
______________________________________________________
FAT chance is right! It will be a while, if ever, that disclose to owners in SLR whatever it is they all talked about; and if they do, it will be a toned down version far from the truth...
____________________________________________________
Yes, but remember a couple of BOD's can not keep their poker mouth shut. But any leaks would be far from the truth. I hope the recorder worked and was not detected. --Saddle Gate-- by: G Liddy @giddy Liddy
____________________________________________________________
Someone did a secret recording? Wow, that's ballsy! First offense will getcha some short jail time if the judge is in a bad mood. Maybe a Boot Camp or some kind of Behavioral Rehab facility if there's no room at the Inn. Perhaps SLR should set up a Halfway House business for surveillance misdemeanors. Oh shoot! We'd have to admit the entire gang of , Kay c and the BOD to the facility! What would we do without them to monitor and punish their infants?!
_____________________________________________________
September 6, 2013
we'd all have a good time enjoying our life not being ruled by assholes that what we would do
____________________________________________________
ha ha, secret recordings, Giddy Liddy, Saddlegate, that's hilarious, thanks for the good laugh, I needed that!
Posted on CHUG:
NOTICE
Per FL 720 this meeting is closed to all owners
DATE: SEPTEMBER 4, 2013
TIME: 1 PM
AGENDA
Call Meeting to Order
Establish Quorum
Purpose of the Privileged Special Board Meeting is to discuss several legal issues facing the Association and motion on course of action.
Adjourn
Per FL 720 this meeting is closed to all owners
DATE: SEPTEMBER 4, 2013
TIME: 1 PM
AGENDA
Call Meeting to Order
Establish Quorum
Purpose of the Privileged Special Board Meeting is to discuss several legal issues facing the Association and motion on course of action.
Adjourn
First of all, there is NO SUCH THING in the Florida Statutes as a "Privileged Special Meeting". Privileged means "exclusive" and this is the relevant statute, which typically, was not referenced in the notice:
720.303
2) BOARD MEETINGS.—
(a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
This meeting complies with the FS720 ONLY if both the conditions below are met:
A. There is proposed or pending litigation; this could be the case with Bxxxx. (There is no proposed or pending litigation concerning Txxxxx yet.)
B. There is an attorney present
I am sure the BOD will produce minutes of this meeting recording that the conditions for an (exclusionary) special meeting have been met. They are required to produce minutes sufficient to identify the proposed or actual litigation but need not disclose discussions. They must record any motions made and the result.
720.303
(3) MINUTES.—Minutes of all meetings of the members of an association and of the board of directors of an association must be maintained in written form or in another form that can be converted into written form within a reasonable time. A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.
______________________________________
August 31, 2013
"Per FL Statute 720, this meeting is closed to all owners"
THERE IS NO SUCH WORDING IN THAT STATUTE FOR BOARD MEMBERS TO HAVE ANY TYPE OF SPECIAL CLOSED MEETING WITHOUT THE REST OF THE MEMBERSHIP ALLOWED TO ATTEND!
TO BOD MEMBERS: YOU CAN'T CHANGE FLORIDA STATUTES TO SUIT YOUR NEEDS!!!!
____________________________________________________________
August 31, 2013
Maybe the reason for this special privileged meeting is to discuss how to handle the owner(s) who broke THEIR non-existent "rules" by planning to vandalize said owner(s) and/or their property like they've done in past by scratching up another owner's vehicles, putting nails/bolts under another owner's tires, stalking another owner's wife, and/or having security run another owner's wife off the road...
_______________________________________________________
This Special Closed Meeting is a mirror of the Owners meeting held in a private residence on the MRTA Issue.
Can we say Monkey see Monkey Do ?
___________________________________________________
To ANON above--there is no comparison between an Open Board meeting governed by FS617 AND FS720 and the April owner meeting--a privately arranged, by invitation-only, informational gathering paid for by an owner and held in a private residence. Additionally, the meeting was subsequently published for ALL owners to view on YouTube.
The flawed mirror analogy is not even close. The owner who hosted and paid for the meeting guest speaker was under NO statutory constraints or legal obligation to open the meeting to all.
Capiche, Monkey-person?
___________________________________________________
WANTED : Organ Grinder for Monkey person . Part Time on Call for Entertainment and Private Parties.
Must interact well with sometimes moody Monkey Person
Franchise and Stock Options Available DOE
Monkey Person will provide Monkey Person snacks and beverages
Applicant must be able to pick up Monkey Person "droppings" in bags provided .
Must have Resume and test positive for Alcohol
Must have minor experience with attaching Leash and Collar to sometimes difficult
Monkey Person . Training Provided
Equal Opportunity Employer
______________________________________________
Yet another example of BS spewing out of the MangeMouth...
If there is to be a closed meeting, owners deserve some respect to identify the attorney who will be in attendance and the general nature of the proposed litigation that owners are being asked to pay for.
MANBOD should respect owners enough to educate people about a special meeting that is legitimately closed to owners. They did not do this and sought legitimacy by invoking FS720 without producing or even referencing the actual statute language. This is a rare event and MANBOD should go to extra effort to establish credibility, which it does not currently enjoy.
Owners will pony up the money, most without knowing or caring about the costs being incurred on their behalf:
Attorney time: $175/hour + Time & Travel
Attorney Retainer (just to pay attention): $500
Statutory permitted pizza/beverage food cost for 11 (8 BOD, 2 Attorneys possibly 3, 1 Mange). I can't recall this per person amount and am not certain where I read it offhand, but I think it was around $25 per head.
What owners will get in return IF this is regarding Bxxxx's carport:
ZERO.
By the time IT's hate letters and attorney threats slither their way through due process, Bxxxx's lot will no longer be subject to covenants. SLohA would have spent a lot of time and money on nothing except soothing MANBOD egos. Perhaps THIS is the reality check being discussed at the "privileged" meeting. If so, kudos to BOD for actually thinking of the owners' best interest and looking at a bigger picture.
As an aside, FLS720 (303)(1) states:
Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained.
It's somewhat of a relief to know that there is an actual mechanism for "checks and balances" on this management group.
____________________________________________________
As long as we are a MANDATORY HOA. Once the Covenants are declared "expired", we are
Voluntary and FS720 no longer applies. All bets are off!
____________________________________________________________
September 1, 2013
even though there's a mechanism in place for checks & balances, it is generally not instituted by this management or the board and I seriously doubt they will be giving themselves any type of "reality check" at this meeting...
______________________________________________
September 3, 2013
About the Special Closed Meeting on 9/04/2013
Will Txxxx Hxxx Insurance Company attorneys be in attendance ?
Isn't BOD required to give Txxxx Hxxx notice of "Pending or Proposed Litigation" which is the purpose of the Special Closed Meeting ?
Maybe Owners should ask Tower Hill if they are representing SLohA in this Litigation, since MAN/BOD is so busy making Motions in secret Meetings .
Txxxx Hxxx Ins. Co. Phone # 800-342-3407
_______________________________________________________
September 5, 2013
Any News about The Special Meeting on Wed.? Fat Chance !!!
______________________________________________________
FAT chance is right! It will be a while, if ever, that disclose to owners in SLR whatever it is they all talked about; and if they do, it will be a toned down version far from the truth...
____________________________________________________
Yes, but remember a couple of BOD's can not keep their poker mouth shut. But any leaks would be far from the truth. I hope the recorder worked and was not detected. --Saddle Gate-- by: G Liddy @giddy Liddy
____________________________________________________________
Someone did a secret recording? Wow, that's ballsy! First offense will getcha some short jail time if the judge is in a bad mood. Maybe a Boot Camp or some kind of Behavioral Rehab facility if there's no room at the Inn. Perhaps SLR should set up a Halfway House business for surveillance misdemeanors. Oh shoot! We'd have to admit the entire gang of , Kay c and the BOD to the facility! What would we do without them to monitor and punish their infants?!
_____________________________________________________
September 6, 2013
we'd all have a good time enjoying our life not being ruled by assholes that what we would do
____________________________________________________
ha ha, secret recordings, Giddy Liddy, Saddlegate, that's hilarious, thanks for the good laugh, I needed that!
