Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule on this? (R.O., via e-mail)
A: First, it is important to note that not all “residents” have the same rights. The right to attend meetings only applies to “parcel owners” who are the “members” of the association. Residents who are not members have no right to attend board meetings and no right to attend owner meetings unless they have been named as a proxyholder, and the bylaws do not prevent non-members from holding proxies.
Section 720.303(2)(b) of the Florida Homeowners’ Association Act provides that members have the right to attend all meetings of the board. There is an exception for meetings with the association’s attorney regarding pending or proposed litigation and board meetings regarding personnel matters. These meetings may be closed.
The right to attend board meetings includes the right to speak with reference to all designated items. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member statements, which may include a sign-up sheet for members wishing to speak.
Section 720.306(6) of the Florida Homeowners’ Association Act provides that members have the right to attend all membership meetings and speak at membership meetings regarding all items open for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or the membership, a member has the right to speak for at least 3 minutes on any item. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member statements.
The “3-minute rule” applies to owner meetings, not board meetings. At owner meetings, the board must allow each owner to speak to each agenda item for at least 3 minutes. In my opinion, if the item is one that the owners will be voting on, the owner must be permitted to speak before the vote is taken.
The rules for board meetings are not as clearly spelled out in the statute. All owners have the right to speak to each agenda item. The board may adopt rules on the “duration” of owner statements, which must be “reasonable.” To my knowledge, this issue has never been addressed in the Florida appellate courts, resulting in a published court decision that interprets the statute.
While allowing members to speak after the board has voted on an item is not a direct violation of the statute, one could argue that it is not “reasonable” as the whole point of the statute, at least as I see it, is to allow the board to hear from those that elected them about what their opinions are on the matter, before the board takes action. Having “public comments” before the decision maker votes is common in similar forums, such as city and county councils and commissions. However, it is an open question.
Likewise, whether 3 minutes in total allotted for owner statements at board meetings (as opposed to 3 minutes per topic) is a “reasonable” rule is in the eyes of the beholder. In my view, the ultimate check on the board’s inclusion (or lack thereof) of owner opinions is at the ballot box. Directors can be removed with or without cause at any time by a majority vote of all owners, and every owner has the right to seek a seat on the board at election time.
It should also be noted that the same rules apply to committees with the authority to approve architectural requests and any committee authorized to expend association funds.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.