Homeowners Annual Meeting Part II
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Last updated: Thursday, March 13, 2008

Notices of annual meeting are stipulated in the governing documents. The minimum requirement for the second notice is 14 days prior to the meeting. It’s a good idea to start the first notice two months out. In this way, the association would have time to prepare for an annual election if necessary.

The second notice should have an agenda as described in the community documents. Since all agenda items are open for membership discussion, written description or purposes of the meeting would not be necessary.

Although rules and regulation adopted by the board can govern the duration, frequency and manner of statements given, as long as written request was given prior of the meeting, a member can speak for a minimum of three minutes on each subject.

In the event there is not a quorum at the annual meeting, the board may reconvene and continue the meeting on a later date. The opted date should be announced at the meeting and then the adjournment. For those members who were not registered at the original annual meeting, a notice should be sent and posted with the date in which the meeting will reconvened.

Proxies must state the date, time, place of annual meeting, signed and dated by the registered owner of record. Addresses are helpful for the administration. A proxy is executed for a specific meeting as the meeting may lawfully be adjourned and reconvened from time to time. Although intended to assign a proxy holder or substitute to act in place of the executioner, the proxy is revocable and expirers after ninety days after originally given.

Election of directors must be conducted as set fourth in the governing bylaws of the association. Even if a formal election is in process prior of annual meeting, a register member may nominate him or herself as a candidate for the board. Any election disputes between members and the association are subject to mandatory arbitration see, “Alternative Dispute Resolution for both Condominium & Homeowner Associations”. To review supporting documents, click here.
720.306 (4)  CONTENT OF NOTICE.–Unless law or the governing documents require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called.
(5)  NOTICE OF MEETINGS.–The bylaws shall provide for giving notice to members of all member meetings, and if they do not do so shall be deemed to provide the following: The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.
(6)  RIGHT TO SPEAK.–Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened 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 by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item, provided that the member or parcel owner submits a written request to speak prior to the meeting. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.
(7)  ADJOURNMENT.–Unless the bylaws require otherwise, adjournment of an annual or special meeting to a different date, time, or place must be announced at that meeting before an adjournment is taken, or notice must be given of the new date, time, or place pursuant to s. 720.303(2). Any business that might have been transacted on the original date of the meeting may be transacted at the adjourned meeting. If a new record date for the adjourned meeting is or must be fixed under 1s. 617.0707, notice of the adjourned meeting must be given to persons who are entitled to vote and are members as of the new record date but were not members as of the previous record date.
(8)  PROXY VOTING.–The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
(9)  ELECTIONS.–Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association shall be eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings shall be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division.
(10)  RECORDING.–Any parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership.

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