“Raucous HOA Board Meetings Raise Concern” – News-Press
Q: Our homeowners’ association has a rule of 3 minutes maximum speaking time per owner, per topic. What can we do if an owner refuses to stop talking when their time is up? How can we get the speaker to stop without calling the police? (J.C., via e-mail)
A: Section 720.306(6) of the Florida Homeowners’ Association Act provides that a member has the right to speak at board meetings for at least 3 minutes on any agenda item. The board can (and should) adopt rules that regulate owner statements at meetings.
The police are not going to get involved in this kind of matter unless there is some physical violence or threat thereof; this is a civil matter. I have had some clients who have felt the need to hire an off-duty deputy sheriff to attend board meetings, and they seem to have a remarkable effect on keeping calm.
Preserving order would include the chair ruling the speaker to be out of order and asking the speaker to stop talking. It would be beneficial to have these actions recorded both on audio or video, should they become legal matters.
Preserving order should never include physical action or threats thereof, such as trying to forcibly eject the speaker from the meeting. The reasons should be patently obvious. If an owner refuses to comply with a lawful rule of the association, they can be fined, certain use rights suspended, and they can take to court for an injunction and be responsible for attorneys’ fees.
Given the escalating nature of violent outcomes in our society over political disagreements, I would urge your board to seek the intervention of the association’s legal counsel in creating a strategy that is both safe and effective.
Q: My HOA approved the installation of an 8-foot fence on my property about 15 years ago. Last year, hurricanes destroyed that fence. We had the same fence re-installed. Now, the HOA says we must remove it because it is taller than 6 feet and has not received prior approval. Do we have to reapply for something that was already approved years ago? (J.B., via e-mail)
A: That is a tough one and will likely depend on the specific facts and history, as well as the language in the declaration of covenants, rules, architectural guidelines, or other governing documents.
If the documents explicitly state that approval is necessary for replacement or alteration of existing structures, it is possible that you could be legally compelled to apply. For example, if the original fence was approved under a previous height limit that has been properly amended, the HOA may have a legitimate basis for insisting that the replacement fence complies with the current standards.
However, if it can be shown that other homeowners in similar circumstances have been treated differently, or that the rules have not been consistently applied, it may be unreasonable for the HOA to now enforce the height restriction against you.
This is one of those cases where I can appreciate the points of view of both sides. If the community standards have been properly changed, owners who had done things under previous rules are often “grandfathered.” However, I do not think that this necessarily equates to the grandfathering rights lasting in perpetuity.
Q: Does a condominium association need to record its bylaws and amendments to the bylaws? (J.T, via e-mail)
A: Yes, Section 718.104(4) of the Florida Condominium Act mandates that the bylaws are included as an exhibit to the recorded declaration of condominium. Section 718.112(1) of the Act also requires that the bylaws and amendments thereto be recorded in the public records of the county where the condominium is located. Further, the certificate accompanying such recording must be executed with the formalities of a deed, the same requirement for recording amendments to a declaration of condominium.
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.
