Question:
Do board members have the right to vote on matters unknown to the members such as those related to the general manager?
– Gale
Answer:
Hi Gale,
According to Section 720.303(2)(b) of the Florida HOA Act, “Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.”
Furthermore, subsection(c)(3) states: “Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.”
When in doubt, it is best to seek advice from a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
