Closed meetings Meetings of the board must be open to all members, except for meetings between the board and its attorney regarding proposed or pending litigation (attorney-client privilege), or if the meeting is being held to discuss personnel matters. Closed meetings still must be posted. The posted notice may indicate that due to the nature of the business to be discussed, the meeting is not open to members (or similar language). CLOSED BOARD MEETING NOTICE EXAMPLE Pleasanton Homeowners’ Association Board of Directors Meeting August 14, 20xx at 4:00 PM Recreation Center 700 De Azire Verde Blvd., Boca Raton, FL 33484 Purpose : Discussion with association attorney regarding potential litigation against painting vendor, Good Painting. DUE TO THE CONFIDENTIAL NATURE OF THE MEETING, IT IS CLOSED TO MEMBERS A meeting of the board must be held at a location that is accessible to a physically disabled person if requested by a physically disabled person who has a right to attend the meeting. Members have the right to attend all meetings of the board. This includes the right of the attending members to speak with reference to all designated items (i.e., on an agenda). The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements. These rules may include a sign-up sheet for members wishing to speak. Remember, these written adopted rules are what? Right, records of the association. Everything that we’ve mentioned so far is or will become records of the association. For a CAM, maintaining the records of the association is a particularly important responsibility. 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 (this has been interpreted to include audio tapes, video tapes, recordings of meetings held electronically such as by ZOOM). Votes as well as any abstention from voting on each matter must be recorded in the minutes. Posting alternatives for HOAs ● If notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least seven days before the meeting, except in an emergency. ● For communities with more than 100 members, the association bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the HOA.
A CAM or management firm may not deny or delay access to the association’s official records to a parcel owner or their authorized representative. They may not create false records or alter the official records, and they may not fail to maintain the records for the CAM or management company or any official records of the association. The following are provisions outlined in F.S. 720.303 concerning the powers and duties of an association, including record keeping, and identifying the official records of HOAs. Throughout this course, homeowners’ association and HOA mean the same. Powers and duties An association that operates a community as defined in F.S. 720.301 must be a Florida corporation. After October 1, 1995, the association must be incorporated, and the initial governing documents must be recorded in the official records of the county in which the community is located. An association may operate more than one community, and in Florida this is fairly common. A large-scale community may be comprised of several subdivisions. Regardless of whether the HOA is a small, medium-sized, or large- scale community with multiple subdivisions, Florida law is clear that all community associations are responsible for maintaining the records of the association. It’s not sufficient to maintain a copy of the declaration, articles of incorporation, and bylaws alone. The officers and directors of an association are subject to F.S. 617.0830 (corporation not for profit, general standards for directors) and have a fiduciary relationship with the members who are served by the association. The powers and duties of an association include, but are not limited to, calling meetings of the board of directors for the HOA. Everything from the notice of a meeting to the minutes of that meeting and all materials necessary for that meeting (such as bids, contracts, reports, and communications) become records of the association, which is the responsibility of the board of directors to ensure they are properly maintained. Members of the board may use email as a means of communication but may not cast a vote on an association matter via email. A decision that must be made by the board of directors is required to cast their votes at a dully called board meeting at which a quorum is present. HOAs are required to include a specific agenda of items to be addressed at the meeting with the posted board meeting notice. The notice with agenda must be posted in a conspicuous place at least 48 hours in advance of a meeting, except in an emergency. If 20% of the TVI (total voting interests) petition the board to address an item of business, the board is compelled to address the item at its next regular board meeting or at a special meeting of the board. In this case, the meeting that the petitioned item will be part of must be held no later than 60 days after the receipt of the petition. The board must give 14 days’ notice. Assessments Notice of board meetings where assessments will be considered; written notice of any meeting that will consider special assessments or that amendments to rules will be considered must be delivered, or electronically transmitted, as well as being posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting. Noticing meetings Agenda
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Book Code: CAMFL1526
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