WHOSE AGENDA WILL BE PUT ON THE AGENDA?

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 better………..you won.  The only problem is that you’re 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 don’t find their way on to the agenda.  You are still being ignored.  What’s 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 what’s 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 it’s time for both statutes to require an agenda for topics to be discussed at board meetings.  Maybe it’s also time for any board member to have a right to place an item that’s important to them on the meeting agenda.  It doesn’t mean that the director’s position is correct or is necessarily in the best interest of the association.  If that’s the case, their agenda item will go nowhere.  No harm.  No foul.  But if there’s one thing I learned in 27 years, it’s that the harder a board tries to squelch speech at meetings, the louder the meetings normally get.

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