WHOSE AGENDA WILL BE PUT ON THE AGENDA?

By Eric Glazer, Esq.

Published October 14, 2019

           

So you ran for the Board because you were tired of the board members ignoring your requests to discuss certain issues at board meetings.  It gets betterÖÖÖ..you won.  The only problem is that youíre still in the minority, as you and your friend only constitute 2 of the five seats.  As a result, nothing has changed.  Your issues still donít find their way on to the agenda.  You are still being ignored.  Whatís the remedy?

           

There is nothing in either the condo or HOA statute that gives a board member the right to determine what goes on the agenda for a board meeting.  There is also probably not a word about it in your governing documents either.

           

Interestingly enough, only the condo statute even requires the publication of an agenda.  The HOA statute does not.

           

So, suppose you get on the board and that the President and the manager refuse to place whatís important to you on the agenda?  The only rights you have are the same rights that every other condominium owner has.  The statute says:

 

If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose. See: Florida Statute 718.112.  So, all you can do is try to gather the signatures of 20% of the community and force the issue.

 

Maybe itís time for both statutes to require an agenda for topics to be discussed at board meetings.  Maybe itís also time for any board member to have a right to place an item thatís important to them on the meeting agenda.  It doesnít mean that the directorís position is correct or is necessarily in the best interest of the association.  If thatís the case, their agenda item will go nowhere.  No harm.  No foul.  But if thereís one thing I learned in 27 years, itís that the harder a board tries to squelch speech at meetings, the louder the meetings normally get.


HTML Comment Box is loading comments...

 

 

About HOA & Condo Blog

Eric Glazer Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.


Join Our CondoCraze & HOAs Email List
Email:  
For Email Marketing you can trust