Compensation for directors, officers, and committee members Statute prohibits directors, officers, and committee members from receiving salary or compensation from the HOA for performing their duties as a director, officer, or committee member and may not benefit financially from service to the HOA. However, this does not prohibit certain actions of reimbursement, or payment for unrelated duties and other provisions including: ● Any fee or compensation authorized in advance by a vote of a majority TVI at a members’ meeting. ● Debit cards . In 2024, a provision was added to the statute regarding the use of a debit card that is in the name of the HOA, by a director, officer, employee, or agent that is not a lawful obligation of the HOA. Lawful obligation of the HOA, as defined by statute, means an obligation that has been properly pre-approved by the board and is reflected in the meeting minutes. Members meetings - HOA Voting and election procedures and voting on amendments In order for an HOA to hold a valid members’ meeting, a quorum is 30% TVI, unless a lower number is provided in the HOA’s governing documents. Annual meetings The annual meeting is a members’ meeting, required by corporate statute as well as the statutes related to community HOAs. ANNUAL MEMBERS’ MEETING NOTICE EXAMPLE The XXXXX Homeowners’ Association, Inc. Annual Meeting of the Members August 14, 20xx at 7:00 PM Recreation Center 700 xxx Lane, Greenacres, FL 33xxx AGENDA 1. Call to order 2. Announcement of quorum 3. Proof of notice of meeting 4. Reading of minutes of prior member meeting(s) 5. President’s annual report to members 6. Election of new directors 7. Adjournment The notice for a special meeting of the members in an HOA may have specific requirements in the governing documents, but if not, then the notice must be mailed, delivered, or electronically transmitted, no less than 14 days prior to the meeting. On the previous page, is an example of an annual members’ meeting notice and a special members’ meeting notice. See that the annual meeting notice specifies “Annual Meeting” and the special meeting notice specifies the purpose of the meeting. The HOA may, by reasonable rules, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the HOA. When broadcasting, the notice
Contracts and transactions At a members’ meeting, disclose the existence of the contract or other transaction that has been approved by the board. Insurance An HOA may waive the requirement of obtaining an insurance policy or fidelity bond for persons who control or disburse funds of the HOA, by a majority TVI present at a members’ meeting. Fines and suspensions This part covers the provisions, requirements, and prohibitions concerning fining HOA members as well as suspending use and/or voting rights. Regarding imposing fines, the board must provide at least 14 days’ written notice, and a member’s right to a hearing. Though not specifically referred to as a ‘meeting’ the requirement for a hearing by a committee of at least three members who are not director, officer, or employee, is that the hearing must be held within 90 days after the issue of the notice. Related to suspensions of use rights or voting, statute requires that the suspension(s) imposed must be approved at a properly noticed board meeting. Special meetings This includes all meetings of the membership that are not the annual meeting. The purpose of the meeting will be reflected in the notice of members meeting. Notice of the annual meeting in an HOA may be specific to the governing documents (usually the bylaws) but if not, then notice must be mailed, delivered, or electronically transmitted, not less than 14 days prior to the meeting. SPECIAL MEMBERS’ MEETING NOTICE EXAMPLE The XXXXX Homeowners’ Association, Inc. Members’ Meeting to Vote on Proposed Amendment to the Bylaws October 25, 20xx at 7:00 PM Recreation Center 700 xxx Lane, Greenacres, FL 33xxx AGENDA 1. Call to order 2. Announcement of quorum 3. Proof of notice of meeting 4. Reading of minutes of prior member meeting(s) 5. Proposed amendment to the Bylaws A. Brief discussion
B. Collection and tally of votes C. Secretary announces outcome
6. Adjournment
and agenda must be broadcast in such a manner and for a sufficient continuous length of time to allow an average reader to see the notice and comprehend the entire content of the notice. In each notice, an agenda of matters to be taken up at the meeting is included. Proof of proper notice of delivery is required to be kept with the association records. Voting by proxy The statute for HOAs determines that members may vote by proxy, except that a board member may not vote by proxy or secret ballot at a board meeting, except to vote on officers. Otherwise, the members have the right, unless otherwise provided in the governing documents, to vote in person or by proxy.
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Book Code: CAMFL1526
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