Labor Day has come and gone, several tropical systems are swirling in the Atlantic (you may recall that all of Florida was in panic mode awaiting Irma this time last year) and our snowbirds will be returning before we know it. Seems like a good time to discuss some of the changes made to Chapter
Board meetings
An Update on House Bill 319 and Cooperatives
As most of the followers of this blog know, Florida’s legislature is currently in session in Tallahassee.
The bill that may be of most interest to community association managers, homeowners, and those of us that provide legal assistance and advice to ROCs-–House Bill 319–has been making its way through the various legislative…
ROCs and the Komen/Planned Parenthood Controversy
Followers of this blog know that I frequently caution that almost all board meetings in resident owned communities must be properly noticed and open to association members. There are specific provisions prohibiting board members from meeting "behind closed doors" in the statutes governing condominium associations, cooperative associations, and mandatory homeowners associations.
While…
Down goes the “3 minute time limit”!
House Bill 1195 made its way through the Florida legislature and was presented to our Governor on June 13. It appears that our Governor will sign the bill–although nothing is certain nowadays–and the provisions contained in HB 1195 that amend various sections of Chapters 718, 719, and 720 of the Florida Statutes will become effective…
“Emergency” Board Meetings Require Real Emergencies
Those of you that have attended our seminars for resident owned communities know that I stress the importance of all board meetings being properly noticed and open to all association members.
I’m asked at least several times every year whether a ROC board can meet in "emergency" session and thus dispense with the requirements to…
A Plea for Civility
I’m surely not alone in trying to understand the tragedy that occurred just over a week ago in Tucson. Regardless of one’s political views, it’s certainly worth considering the clear lack of civility and common courtesy that seems to be the rule rather than the exception throughout our country today.
Several days after the shootings…
ROC Board Meetings: Coming to a TV Screen Near You?
I was contacted by a board member of a resident owned cooperative earlier this month with a rather interesting situation. One of the unit owners was videotaping the board meetings and now wanted to broadcast those videotapes on the "in house" channel that served the community. Was the association’s board required to allow the unit…
Skype and ROC Board Meetings
Most ROC managers and board members know that Florida statutes governing condominium associations and cooperative associations allow directors to attend a board meeting by phone.
While the statutes governing mandatory homeowners associations don’t provide for an HOA board member to appear by phone at a board meeting, if the HOA is a not-for-profit corporation…
ROC battles over meeting agendas may be a symptom of bigger problems
What can the directors or other members of a ROC do when the President refuses a request to bring an item before the board for consideration?
There are a number of factors that should be considered in answering this question:
- Traditionally, the President (or the board’s chairperson) has been given the task of setting the
…
ROC Board Members Should Rarely Abstain from Voting
I’ve always told board members that the residents in their communities elected them to vote on the issues that come before them and not to refuse or decline to vote on those issues. There are very few circumstances that justify a board member abstaining on an issue and most, if not all, involve situations…