Condo Association Management Blog

Not familiar with your abreviations./ What do ARB and APS stand for??? 
 
If your Board uses Robert's Rules to manage their meetings thena board meeting is a deliberative assembly and as such any agenda item is open for discussion and then subject to a vote with 50+% required for adoption. So regardless of the meaning of your two abrreviatuions the association (members attending Board Meeting) must be allowed to discuss and vote. Board is wrong in their position.

Charles, the abbreviation is for Architectural Review. The legal documents most likely provide for a Committee or for the BOD to act in the absence of a committee. The question becomes, does Florida have a Sunshine Law affecting HOA and condo committees? This still does not mean that the owners would necessarily have any say in the decision, just the right to attend the meeting and listen.  
As you and all of us providing answers remind the inquirer - read your documents regarding the submittal of architectural applications. Only in a few instances have I seen the requirement for the adjoining owners to sign off on the application.  
My advise to a BOD is to "set" as the Committee separate from the board meeting. That facilitates the eventual appointment of volunteers. Committee agendas and minutes should be maintained, same as BOD, etc. 
The BOD is not a deliberative assembly open for active participation by members - it is for directors. Some states require publishing of the agenda in advance; it should always be available for any member attending. In certain circumstances, the meeting may be opened for comments by members; Maryland requires this time be included on every agenda, but does not state at what point in the agenda it should appear. Special meetings of the BOD limits member comments to the agenda items only. Rules adoption and budget discussion should always have time set for member comments. The rest of a board meeting is that - a meeting of the board.  
Regards,

Most state condominium laws contain no specification relating to rules under which a Board of Directors conduct their meetings. But over 85% of all associations from our Hiouse of Representatives to a 5 member garden club violuntarily adopt Roberts Rules (RNOR,2005) under which their board meetings are managed. Robert's insures that all parties are treated fairly and also provide for participation in this deliberative assembly of all members of the assocuiation present. This means,among other things that the members innattendance have the perogative to adopt or rejecy the minutes of the previous muinutes and also to discuss the proposed agenda items. Under Robert's the assembly has the right to move to delete items from the proposed agenda,to add items or to modifyy items proposed. When these deliberations are finished a simple majority vote of the assembly (attendees) rules. In relation to unit owner refvovations -or APS- most sets of bylaws throughout ourn country contain wording about the Prersident of the Board appointing the Chairman of the Covenants Committee. This committee serves the Boad and the unit owners as the aspproving authority for any major renovations a unit owner wishes to make within the walls of his unit. The owner's application not only specifies wehat work is to be done but also has to name the contractor and ajny subcontractors along with their license and liability insurance information. As long as the work does not involve any threat to the structural integrity of the building approval is normally franted. But neighboring unit owners do not have any right to get involved in this approval process and have no standing to protest or review their neighbors plans prior to approval. 
 
Yes Board of Director meetings are deliberative assemblies and the unit iowners have full particfipation rights. To do any less leads to the dictatorial assumption of power by the board and its members. 
 
In Maryland there are stringent requirements that jmust be met before a Board may hold a closed secret meeting. Should such a meeting be held the staten law requires that s restricted set of minutes,the content of which are specified in the Condo Act,must be prepared and attached to the minutesm of the next succeeding minutes of the following Board of Director's meeting. 
 
I emphasize-a Meeting of the Board is not to permit the board to take arbitrary action with no voice of protest from the owners in attendance. Such an attitude by the board when left unchallenged by the unit owners,IMO is the major cause of discontent in condo and HOA communuities.

If by "apps" you mean applications to the a/c committee, whether or not the "apps" are considered to be confidential info I doubt the BOD is required to review them with the members b/4 making a decision. Their decision is based upon the criteria that is established concerning various modifications that can be made to a member's property. I like to think the board would not approve anything that might be "upsetting or infringing on the rights of neighboring homeowners". Perhaps you can give us an example of what you're talking about. 
 
As for advising you which FL statute may apply to this situation, there are two sets of statutes -- condos and HOAs. You have not indicated which type of housing you live in. Also, IMO you should familiarize yourself with FL statutes so that you know whether or not the BOD is in violation or not. 
 
 
 

Mary-from you post why do you think the Board ,afetr approving a renovation requewst from a unit owner, should make the details of that work public?? Of what concern is the color of the walls in the new baothromm to anyone-even the board??? AQ unit owner is free to renovate to whatever extent the property from the inside of the walls which surround his apartment. The only limit is that the changes not impqact the structural integrity of tyhe building.

Homeowners associations and condominium's council of unit owners are not deliberative bodies such as governmental agencies. As explained by the attorneys in the industry, they are either incorporated or unincorporated private businesses with express authority established by State legislatures. When one buys a home within these confines, one is voluntarily agreeing to the restraints and obligations of membership. 
As a business - a business responsible often for more assets than most other businesses who lease property, rent office space, etc - the members elect a board of directors who have considerable responsibilities as authorized in appropriate legislation and specified in the legal documents of the association. This authority extends to the ability to set assessment rates, file liens and foreclose on individual properties for non-payment, adopt policies and regulations including architectural modification of the exterior of units (lots), enter into contracts, and enforce these decisions by whatever legal means necessary to have owner compliance.  
In most states at least one case has set "business judgement" as a defining opinion (the attorneys have more precise wording) that supports boards in their decision making responsibilities. Some association documents grant little authority to the boards and the board is bound by what is contained therein. Some have very limited ability to raise assessments without member consent and struggle daily to maintain property. Others have no authority to maintain property standards, the developer didn't believe it necessary at the time of formation.  
The election of a board member is crucial to the community. There are few guidelines and often no willing candidates. Owners disparage the work of the board and then reap the results in the selection of directors. There is no requirement for a person to obtain educational training once elected. Many are unaware (as evidenced by the inquiries received at this blog) of the existence of Federal, State, and local legislation and court decisions that restricts or guides their authority.  
The overall success of this style of housing is a tribute to the good common sense of most boards.  

I believe I am correct when I say that condominiums and HOAs in the state of Florida have more problems than those in any other state. Basic to the problems is the usual lack of training of new members of a Board of Directors in implementing whatever rules that body uses to manage their meetings. In about 85% of all deliberative bodies in our country the choice is Robert's Rules. This past summer Florida added a new requirement to their state law which requires a newly elected member of a Board of Directors to submit an affidavit attesting to his understanding of Roberts Rules. This dictae solves two problems. It mandates use of Roberts and subjects a board member for possible legal penalties if his action are found to be in violation of these rules.I am not aware that any such penalty has been assessed but I am aware that severaol other states are considering similar legislations. Furhter Robert's rules, as applied to HOAs and Condfo associations, define both as deliberative assemblies. Such designations thus requires the assembly (residents attending a Board meeting) to be allowed to participate in discussing all matters raised during a meeting and voting for adoption or rejec tion of any acdtions taken. .

~ I also have a problem decyphering your abreviations.  
 
But, I also agree that your Board is wrong in expecting owners to agree to ANYTHING without a full review....  
 
 
 
~ Don't fall for that and you may want to call and report them to the Ombudsman (for mis-informing the owners)....(imo) it's akind to cheating and dishonesty....

Before going any further, READ the docs and see if, per normal practice, the board is given this authority to approve applications. This may be a non-issue.  

Most bylaws define the duties of the covenants committee. Included is the assignment to approve.disapprove renovation requests from unit owners. But a unit owner has the right to appeal an adverse decision to the board o directors. It is the responsibility of that committeem to insure that any work they approve shall not infringe in any way on the other unit owners and residents,

Nancy--A bioardof Directors has to adopt or define the rules for the conduct of their meetings. Most adopt Roberts Rules and such adoption then defines a board meeting as a deliberative assembbly. I've had extensive discussions wioth the Montgomery County Consumer Protection board on this issue and they now support my view. To allow a board meeting to be managed as a non deliberateive assembly leads to dictatorship.