cjcsix6 Posted November 12, 2015 at 04:19 AM Report Share Posted November 12, 2015 at 04:19 AM I am a member in a HOA in Florida. Our HOA board says that under the "sunshine laws " we have to allow any and all non-members to attend our board meetings and our membership meetings. I contend that we do not have to allow non members into our meetings. We are incorporated as non profit in Florida and as such we are not a public agency.Our by laws do not address this issue Will you please give some insight in this. Thank you Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 12, 2015 at 04:39 AM Report Share Posted November 12, 2015 at 04:39 AM The question of whether a particular law does or does not apply to an organization is beyond this forum's scope. I would suggest you ask a lawyer. Link to comment Share on other sites More sharing options...
Transpower Posted November 12, 2015 at 03:28 PM Report Share Posted November 12, 2015 at 03:28 PM So-called "sunshine laws" apply only to governmental bodies. Your HOA is not a governmental body. Therefore you most certainly do not have to allow non-members at your meetings! RONR (11th ed.), p. 644, ll. 29-32. Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 12, 2015 at 04:35 PM Report Share Posted November 12, 2015 at 04:35 PM Any legal opinion posted here to the contrary notwithstanding, it is entirely possible that applicable law requires that meetings of the board of your HOA be open to all members of your association. Link to comment Share on other sites More sharing options...
Transpower Posted November 12, 2015 at 10:29 PM Report Share Posted November 12, 2015 at 10:29 PM Proof: http://www.legalbrains.com/are-home-owner-associations-bound-by-the-sunshine-law/ Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 12, 2015 at 10:51 PM Report Share Posted November 12, 2015 at 10:51 PM Proof: http://www.legalbrains.com/are-home-owner-associations-bound-by-the-sunshine-law/ Yes. As noted there, Home Owner Associations in Florida do have to abide by Florida Statute § 720.303, which provides, in part, that "All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege." Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 13, 2015 at 01:54 PM Report Share Posted November 13, 2015 at 01:54 PM Apparently, all members of the HOA would be allowed to attend board meetings, but not any and all members of the general public. Link to comment Share on other sites More sharing options...
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