Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues? (M.U. by e-mail)
Answer: Probably not. Both Chapter 720 of the Florida Statutes, the Florida Homeowners’ Association Act, and Chapter 718 of the Florida Statutes, the Florida Condominium Act, provide a process for owners to petition the board to have specific items placed on the agenda of a board meeting. Both statutes provide that if the association receives a petition that is signed by at least 20% of the total voting interests in the association, the board must address the subject of the petition either at its next regularly scheduled board meeting or at a special board meeting scheduled within 60 days of the receipt of the petition. While the board must address the subject of the petition at the board meeting, the board is under no obligation to vote in any specific way or take any specific action based on the receipt of a member petition.
Unless there is some unusual provision in your governing documents which permits an owner to request an item be placed on the agenda of a board meeting, the association is under no legal obligation to take up the issues. However, there is no rule against the association’s addressing items that are raised by owners. Perhaps you should attend a board meeting and ask to at least raise your issue to the whole board. Although the law would only require that you be recognized if you wish to speak to a designated agenda item, I have found that most boards do give some leeway for owner input during their meetings.
Originally posted on Florida Condo and HOA Law Blog