Right to Speak at Board Meetings

The 2011 community association legislation clarifies owner privacy rights and expands owner access to employee salary information, among other things. Did you know?

Right to Speak at HOA Board Meetings:

The Homeowners’ Association Act has been amended to state that owners have the right to speak at meetings of the board with reference to “all designated items.” Under previous law, HOA members could only speak at board meetings as a matter of right if so provided in the bylaws, or if the owners called for a special board meeting by a complicated petition process. The condominium statute has, for decades, allowed unit owners to “participate” at board meetings with respect to all designated agenda items. Curiously, the new provisions in the Homeowners’ Association Act, while providing that members now have the right to speak with reference to “designated items”, does not require the HOA board to publish an agenda with its posted notice, as is the case in condominiums.

Board Eligibility:

The condominium statute has been amended to clarify that a candidate must be eligible to serve on the board at the time of the deadline for submitting a notice of intent (forty days before the election) in order for his or her name to be listed on the ballot. For example, if a unit owner is more than ninety days delinquent in the payment of assessments to the association at the time of deadline for submitting a self nomination, they would not be eligible to run for the board. Interpretations of the previous statute were that such a person would need to be placed on the ballot, on the theory that they could cure their ineligibility (for example, bringing their account current) prior to taking their seat on the board.

3 Comments

  1. Board of Directors meeting on July 13, 2011
    • Mr. xxx, Vice President or Royal Highlands Property Owners Association (RHPOA) required me a handicap person to come to the podium reach up for the mike. If I have to stand at the podium I may fall and I am sure he is aware of this as I walk with a cane and I previously served on the BoD. No attempt was made by the officers of RHPOA or the Property Manager to get me the mike or provide me with a chair to sit at the podium.
    • Finally Ms. xxxx walked to the podium and brought me the mike.

    Board of Directors meeting on July 13, 2011
    • I asked Mr. xxx, VP of the association if Ms. xxxx could talk for me and read what I sent her. Mr.xxx, VP would not allow her to talk for me because she had not signed up to speak. Mr. xxx, VP is aware that Florida Statute 720 does not require that a person sign in to speak. Even without the Florida Statute 720 as a disabled person I think I should be allowed this. Leland Management attorney said, “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, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.”
    • I had to strain to talk which hurts my throat not a much with a mike but I had to later talk without a mike. I had tubes put in my throat for an operation and sometimes, but not always, but many times, it is hard for me to get my words out and they are sometimes slurred but I try.
    • No chair is provided for any handicapped person to sit in to address the Board of Directors at RHPOA meetings.
    • No chair with arm rest for handicapped person who needs support to get out of is provided.

    Board of Directors meeting on July 13, 2011
    • Handicap people are required to sign a sign in sheet to talk to directors.
    • I had to try to balance myself with my cane and try to do what I could to keep from falling. Rosemarie Paeth, LCAM is a licensed Property Manager but not the property manager here and should know better.
    • I had to try to balance myself with my cane and try to do what I could to keep from falling. xxx, LCAM is a licensed Property Manager but not the property manager here and should know better.

  2. Today, at a meeting in Punta Gorda FL. ,
    titled ,Notice Of Board Of Directors And Budget
    Adoption Meeting,
    Agenda
    New Business
    Adoption of 2012 Budget
    I made a motion concerning the budget and was
    denied the right to make a motion,not by the
    President but by the CAM overseeing the meeting.
    His explanation ,I was not able to make a motion at a Board Meeting.
    Should my motion have been allowed?

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