WHOSE AGENDA WILL BE PUT ON THE AGENDA?
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
HOA & Condo Blog
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.
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.