Reg McCluskey

But where would we get the authority to tell the board that an attorney has no right to attend the meeting? I know by definition the term "Annual Members Meeting" indicates members only but our board is under the impression that they can call in an attorney any time they want. I can't find anything in Florida Statutes that addresses the issue.

I belong to a Florida HOA. Our by-laws require that if a member wants to have an item added to the agenda for the next Annual Members Meeting then the member must submit their request in writing to the Board of Directors secretary in advance of the meeting. The by-laws also state that the Board of Directors will " prepare" (quotes added) the agenda. I submitted a memo to the secretary well in advance of the meeting. My item was to have a members vote in regard to usage of common property (usage of common property can only be decided by a majority vote of at least 51 percent, the Board cannot make decisions regarding common property usage). However, because the Chairperson for the Board of Directors was opposed to my project and felt it should have been mailed out in ballot form (which would require two thirds of the returned votes to pass) she decided not to put it on the agenda, without conferring with the rest of the board. At the Annual Members Meeting I attempted to make a motion from the floor to have the item voted on but the Board Chairperson had the Association attorney on hand to say that was not allowed and that the Chairperson had the right not to include my item on the agenda. I am fairly certain the attorney was wrong. Does the Board have the right to refuse to add a member's item to the agenda?