Can a delinquent owner’s title be involved in the minutes? Can a board ban recordings? Must board members’ names be recorded on how they voted?
STUART, Fla. – Dilemma: Is it incorrect or unlawful to title a delinquent owner and the amount of money owed in the minutes of a assembly the place the board votes to suspend an owner’s voting rights? – B.S., Port St. Lucie
Respond to: No. The minutes ought to replicate enough data to discover the assets or device and owner in problem. This sort of as a movement stating, “I shift that the voting rights of the owner of whole lot (number) be suspended owing to the owner staying delinquent in the payment of assessments owed to the affiliation for additional than ninety days.” So, although it is not unlawful to title the person, we frequently advocate you do so in the method indicated previously mentioned.
Dilemma: In the absence of a unanimous board vote – on any issue – are the names of the administrators voting “aye” and “nay” to be recorded in the minutes? – J.J., Stuart
Respond to: Whether the vote is unanimous or not the vote of each and every director ought to always be recorded in the minutes for each the regulation. See relevant statutes under. This is frequently overlooked and the votes are recorded as “unanimous” or “two in favor, a person against” but this is not right.
718.111(1)(b) A director of the affiliation who is existing at a assembly of its board at which motion on any corporate issue is taken shall be presumed to have assented to the motion taken except he or she votes in opposition to this sort of motion or abstains from voting.
A director of the affiliation who abstains from voting on any motion taken on any corporate issue shall be presumed to have taken no posture with regard to the motion. Administrators may not vote by proxy or by top secret ballot at board conferences, other than that officers may be elected by top secret ballot. A vote or abstention for each and every member existing shall be recorded in the minutes.
720.303(3) Minutes – Minutes of all conferences of the members of an affiliation and of the board of administrators of an affiliation have to be taken care of in composed type or in an additional type that can be converted into composed type within just a realistic time. A vote or abstention from voting on each and every issue voted upon for each and every director existing at a board assembly have to be recorded in the minutes.
Dilemma: Our HOA president says that board and membership conferences can only be recorded by house owners with the consent of the participants. Is this genuine? – L.D., Vero Beach
Respond to: No. Florida regulation gives any lawful attendee at the members assembly or board assembly the appropriate to document the assembly. They do not want the authorization of the board or any attendees. Having said that, if you are likely to document the assembly, the person carrying out the recording ought to announce at the beginning the assembly that they are recording it. Anybody that does not want to be recorded can leave. See regulation under for HOAs. There is a related regulation for 718 condominiums.
Florida Statute. 720.306(10) Recording – Any parcel owner may tape document or videotape conferences of the board of administrators and conferences of the members. The board of administrators of the affiliation may adopt realistic principles governing the taping of conferences of the board and the membership.
Dilemma: Do HOA and condominium assembly “participation rules” need a vote of the house owners or can they be recognized by the board or assets managers, or PM, and printed to the membership? – K.E., Jensen Beach
Respond to: Ordinarily, except your governing paperwork comprise incredibly one of a kind provisions, the participation principles do not want to be accredited by a vote of the members, just the board of administrators. The assets supervisor could draft them, but the board has to approve them. Your affiliation lawful counsel ought to also evaluation the principles just before they are adopted.
Richard D. DeBoest II, Esq., is co-founder and shareholder of the Regulation agency Goede, Adamczyk, DeBoest & Cross, PLLC. The data delivered herein is for informational uses only and ought to not be construed as lawful assistance.
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