Guest Posted January 19, 2016 at 07:54 PM Report Share Posted January 19, 2016 at 07:54 PM Hi. I live in a homeowner association in Florida. This question of what constitutes "transacting business" came up. Under Chapter 720 we have board meetings, and we have a law that says we can have general gatherings that are just gatherings, like parties. Two weeks ago, we had a "Meet the candidates" night to introduce board applicants and have them answer questions. It makes sense to me that what requires a quorum is transacting business. t also makes sense that there are a number of actions, motions, reports, and so on, come under transacting business. The new property manager tells me the board attorney wrote an opinion that any gathering where a quorum of the board is present and association business is discussed is a "board" meeting, must be called to order, and minutes taken. She made up the minutes, in spite of my objection, and then insisted that she cannot obtain the attorney's opinion from her old job. I objected to her writing them up. That said, should I ask her to get a copy of his opinion, or is one of the underlying premises in Robert's that any gathering of a quorum of the board where business is discussed is permissible to write up and get approval of any gathering of the board. I don't think so. That could mean that a party where a quorum is gathered must be called to order and have minutes. Comments? Link to comment Share on other sites More sharing options...
Thomas Ralph Posted January 28, 2016 at 08:00 PM Report Share Posted January 28, 2016 at 08:00 PM The answer to your question is not found in RONR. It is a function of so-called sunshine or open meeting laws, and I would state that a Florida attorney would be able to give an opinion on the matter. Indeed, one seems to already have been procured. Link to comment Share on other sites More sharing options...
Richard Brown Posted January 28, 2016 at 11:44 PM Report Share Posted January 28, 2016 at 11:44 PM 3 hours ago, Thomas Ralph said: The answer to your question is not found in RONR. It is a function of so-called sunshine or open meeting laws, and I would state that a Florida attorney would be able to give an opinion on the matter. Indeed, one seems to already have been procured. I would prefer to say that a Florida attorney MIGHT be able to give an opinion on the matter. btw, it has been my experience that open meetings laws are frequently misconstrued.... often horribly so.... usually by laymen and sometimes even by attorneys. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted January 29, 2016 at 09:30 AM Report Share Posted January 29, 2016 at 09:30 AM On 1/19/2016 at 11:54 AM, Guest said: This question of what constitutes "transacting business" came up. Under Chapter 720 we have board meetings, and we have a law that says we can have general gatherings that are just gatherings, like parties. Comments? >> ... Chapter 720 kg: Not Robert's Rules. >> ... that any gathering where a quorum of the board is present and association business is discussed is a "board" meeting, must be called to order, and minutes taken. kg: Not Robert's Rules. >> ... that any gathering of a quorum of the board where business is discussed is permissible to write up and get approval of any gathering of the board. kg: Not Robert's Rules. *** Ponder this workaround. If you do not "discuss business" at the BBQ or ball game, then all this hoopla goes away. Doesn't it? Then don't discuss business. Talk about something else. -- "How about them Los Angeles Rams? How about that Super Bowl? How about that cat video on YouTube?" [etc.] Link to comment Share on other sites More sharing options...
Josh Martin Posted January 29, 2016 at 02:23 PM Report Share Posted January 29, 2016 at 02:23 PM 4 hours ago, potzbie said: >> ... Chapter 720 kg: Not Robert's Rules. >> ... that any gathering where a quorum of the board is present and association business is discussed is a "board" meeting, must be called to order, and minutes taken. kg: Not Robert's Rules. >> ... that any gathering of a quorum of the board where business is discussed is permissible to write up and get approval of any gathering of the board. kg: Not Robert's Rules. *** Ponder this workaround. If you do not "discuss business" at the BBQ or ball game, then all this hoopla goes away. Doesn't it? Then don't discuss business. Talk about something else. -- "How about them Los Angeles Rams? How about that Super Bowl? How about that cat video on YouTube?" [etc.] The BBQ and ball game were just used as examples by the OP. The real issue here is a "Meet the Candidates" forum that was held outside of a meeting. I'd also note that all the "hoopla" should go away if the board follows the "record what was done, not what was said" rule for minutes. If the council merely discusses business, but there are no motions or votes, any "minutes" of such a "meeting" will be very brief. Link to comment Share on other sites More sharing options...
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