Condo Association Management Blog

If an honest board has nothing to hide they should have let the open discussion happen.

Yes, they can do that a lot more. Your community elected the board, did it not ?? Read your own governing documents and Florida Statute 718 that governs condos in Florida. If you or your friends want to change the direction in which this board is going, then you should run for a board seat.

The board was wrong and should have kept the forum as it stated. They were being petty and that is not the way to operate a condo.

Any owner has the right to call a meeting on any subject. It's not a Board meeting--it's a meeting of owners.  
 
What's the big deal? We have a person in our condo who calls these meetings. I attend every one and have learned a lot at them. We also have open forums at Board meetings. Yes, there is some duplication, but, so what? People have the right to express themselves.  
 
I've made my share of mistakes (haven't you?) but I would never cut off discussion or open forum at a Board meeting.

Does the president of a condo Board have the right to vote on any issue? I was told that the president may only vote to break a tie. 
 
Thank you, 
 
BD

Yes I do say that if the board is not hiding anything then what is the big deal of having a meeting with all the members to disuss some of the problems that needs attention. How else are you going to find out what to present to the board at their big meeting. 
 
 
 
And as for running for a board seat 
 
many thinks it is an easy thing to do. I have been trying to get on this board around here and they just keep beating me up over it. 1. Well the mangement is doing all they can to get the contract together. 2. Not all members are here to vote. 3. Somethings is wrong with contract and it needs to be written. 4. I have been to busy to schedule another meeting 5. And so on and so on. Geeish this has been going on since March and now a meeting has been scheduled for voting and I almost bet you there will be a hand full that will show up. Come on people  
 
support your association and get involved a little more, and if you can't then don't complain when something happens to your unit and you expect a result to turn your way. Some boards just think they can push and shoove. Well I am pushing back and I have others here that have my back, I just need to get on the board! Not easy when a few board members need to go and new ones nominated. There is always someone that trys and stop you. Still Smiling!

I don't understand. Board of Director meetings in most states law are defined as deliberative associations. A fancy term for open meeting with unfettered discussions by the association (attendees) on each item on the adopted agenda.What is the Board meeting you referred to??

In Florida, a meeting of a Condo board must be announced at least 48 hrs. in advance and a quorum of the board must be met to proceed with these meetings. Homeowners can attend board meetings but they only have the right to speak on items placed on the Agenda for a few minutes. The board is not obligated to extend this time frame or, to allow attendees to participate in the board's business discussions. On the other hand, you have Meetings of the Owners, which for the most part are annual. To hold a meeting of Owners or Annual Meeting and Elections, a Condo association needs to have a quorum of the owners. This quorum is attained with the majority of voting interests. Unit owners can get together whenever they want, wherever they want, and discuss whatever they please. However these type of casual gatherings do not count.

As for the poster who asked if President whether President should vote or not at a board meeting, I must say his topic is totally different than the original post. The answer is it depends. If your board is following Revised Robert Rules of Order to the letter, then perhaps President should not vote other than to break a tie. However, most experts will tell you that President should vote like any other Director/Board member.

Can someone please give me their interpetation of the following paragraph that is taken word for word from the By-laws of our Doc's. 
 
Under title: Additional Provisions-Meetings of Members and Directors. 
 
A. Notwithstanding anything contained in these By-laws to the contrary,any meeting of Members or the Board may be held at any place, within or without the State of Florida, designated in the notice of any such meeting, or notice of which is waived. 
 
B. To the extent now or from time to time hereafter permitted by the laws of Florida, the Board may take any action which it might take at a meeting of the Board without a meeting; provided, that a record of all such actions so taken, signed by each Director, shall be filed and retained in the minute book of the Association. 
 
 
 
I am most interested in the clarification of the B) 
 
 
 
Our President has stated that the board can hold a closed meeting (no homeowners present) as long as notes are taken and recorded.  
 
 
 
I have reviewed FLA Statutes 718 and I believe the President has misinterpeted this article in our by-laws. 
 
In addition just a added note: This meeting is not a meeting where the Attorney will be present. 
 

"B. To the extent now or from time to time hereafter permitted by the laws of Florida, the Board may take any action which it might take at a meeting of the Board without a meeting; provided, that a record of all such actions so taken, signed by each Director, shall be filed and retained in the minute book of the Association." 
 
I am just reading exactly what Section B states and it says the Board can take any action without a meeting as long as the action is recorded in minutes.  
 
Vic 
 

Victor; 
 
Ok but if they have a quorum then it is "a meeting" and it must be posted and it should be open to homeowners.  
 
Our board is getting together to discuss the budget. They are not including homeowners. 
 

You are 100% correct the board should hold open meetings unfortunately there not because of what the documents state.  
 
Vic

Victor, 
 
I just gave 2 excerpts from one Article of the Bylaws.. Our doc's are very clear on all types of meetings. But for some reason the President likes to interpet and twist things to accomodate what her plans are. She is very secretive and I believe she doesn't want to be called out on the mat for things she's done or plans to do. 
 
She's done this in the past years ago when she was on the board. But the membership is not as ignorant to the laws as they were back then. Knowledge is Power!  
 
Thanks

T, are you the original poster or someone who just jumped in with additional questions ?? I have experience in FL and can tell you that a Condo Budget meeting has to be annjounced 14 days in advance, and is open to all owners, regardless of what your governing documents say. Read section 718.112 in its entirety.

T, board members are volunteers and often they do things that appear suspicious due to lack of information. Their ego prevents them from admitting they were wrong. If you have the Law on your side you should send a certified letter, return receipt requested to the association quoting the particular section of the Statutes that were violated.  
 
This blog is comprised of hundreds of posters the majority of whom have no experience as Directors. These posters live all over the country and many times have no idea how stringent and confusing our laws are in FL.

At times Florida Statutes wording is so convoluted that you need not 1 but 2 attorneys to clarify or interpret sections and explain in "plain" English. These laws are not meant for the average person with zero experience in FL associations.

I was not the original poster, I did jump in to ask my question, I know that interpetations can be taken different ways concerning Laws so I needed clarification as this meeting will be next week. I myself sometimes have a hard time understanding 718 as well as our Doc's. I also researched "The Sunshine Law" It all can be a little confusing at times. 
 
This meeting is not going to be the 
 
official Budget meeting, this meeting is the BOD getting together to go over and discuss the Draft proposal of the 2011 Budget that the MGMT CO sent to the BOD. After they have that meeting they will then plan for the Official Budget Adoption Meeting that will take place with homeowners. Everything I have read to this point says that If a quorum is present (which there will be) and association business is being discussed, then it is considered a meeting and it has to be open to homeowners as well as posted. I see no grey area regarding this issue, but constantly this President is looking for language that she feels is a grey area and can twist to meet her needs. (She is known for this) The other board members follow suit because they don't know our DOC's or FLA 718 and rely on the MGMT CO for everything basically. My issue is not with them having a "meeting" but there should be "transparency" and if my interpetation of 718 and the Bylaws (which are very clear on meetings except for the "B" part I posted previously) The meeting or budget discussion should be open to homeowners.  
 
Thank you

T, I think you are overreacting and making it a personal issue, which is not recommended. Just attend the preliminary budget meeting whether it is announced 48 hrs. prior or not as regular board meeting should. As I said before, if the Law in on your side you should send a business like letter. Looking for sympathy on this blog won't do anything for you when in fact you have to deal directly with your board within your community.

T, as you are well aware the official Condo Budget meeting of the association has to be announced in writing 14 days prior to the meeting whether via US mail, website, or other means that reach all owners. This communication has to enclose the proposed budget, reapet proposed bueget. Regular board meetings can be announced with a mere 48 hrs. notice on your community message board for all of those who bother to check the message board.

"A. Notwithstanding anything contained in these By-laws to the contrary,any meeting of Members or the Board may be held at any place, within or without the State of Florida, designated in the notice of any such meeting, or notice of which is waived." 
 
 
 
T, this is your quote from your own condo Bylaws. It may conflict with FL Statute 718, in which case the Law trumps your Bylaws article. The only time where FS 718 yields to Bylaws is when it reads "unles otherwise provided in the Bylaws....."  
 

Thank you for your comments