PMM_May22

Because You Asked...
Featuring Betsy Barbieux
CAM, CFCAM, CMCA, PROFESSIONAL DEVELOPMENT COACH,
FLORIDA CAM SCHOOLS, LLC
Betsy,
Can we vote on approving our budget via
email with all members? Do we have to have
a special budget meeting at the end of the
year for all members to discuss and approve
it? Now that budgets must be done 14 days
before the 1st of the year, we can no longer
do the approval of the budget at our Annual
Meeting as we had done for years.
— Gene
Gene:
There is never voting via email either by the
shareholders or the board. Shareholders vote
with a Limited Proxy, no show of hands, roll
call, general consent, or voice vote. There must
be a quorum present either in person or by General/Limited
Proxy. The count/results of the
vote are recorded in the Minutes. Proxies are
kept as Official Records for seven years. For
Elections, shareholders vote for their directors
using a Ballot and 2-envelopes.
At board meetings, board members present
in person or by speaker telephone or videoconferencing
may participate and vote as if
there; assuming you have a quorum. The vote
of each board member present must be recorded
in the Minutes.
I doubt your shareholders are required to
vote on the budget. It is probably a poor habit
started years ago. Check your Bylaws. Budgets
have always had to be completed before the end
of the budget year. This is not new. The new statute
just outlines what happens if the board can’t
get it together to vote on a budget before the new
budget year which may not be a calendar year.
When is your fiscal year? Check your Bylaws.
— Betsy
• • • •
Betsy,
In your election information meeting you
mentioned about the separate meetings for
Member’s Annual Meeting and Election and
board organizational meeting. I believe you
said the minutes of the previous year’s Member’s
Annual Meeting should be approved
by the members at this meeting. This didn’t
happen at our meeting and the manager
told me I was wrong when I asked. Can you
direct me to the Statute? By the way I love
your YouTube videos; they are so informative.
— Anthony
Anthony:
Each group of people who meets whether it is
the membership or the board or a committee
should have its own set of minutes for that
meeting. The group whose minutes they are is
the group who approves them at the next meeting
which might be a month or two or three or a
year later. This is a procedure found in Roberts
Rules of Order not statutes.
You can find information on the Internet
about Roberts Rules of Order dealing with
agendas or minutes. The first order of business
after the quorum is established is to approve the
previous meeting minutes which are done by
the group who’s minutes they are. That means
the membership meeting minutes will likely
stay in draft form for one year before they are
approved at the next membership meeting.
There are several Roberts Rules of Order
procedures that conflict with statutes and we
must follow the statutes. I’ve a summary onepage
handout if you would like me to send it
to you. Just remember that RROO is overkill
for the meeting procedures we use at our
board meetings. And we must blend in the
statutory requirements.
Thank you for watching CAM Matters on
YouTube. Be sure to check out the Free Articles
on my website too!
— Betsy
• • • •
Hi Betsy,
1) A Special committee meets every other
week. The “post” states all the dates for
every other week for the next two months,
with the same agenda. Is this allowable
or should a “post “ be done for every
meeting? 2) Does the registered agent
have to be the CAM? Is this Florida State
law? If not, how can I explain why a board
member should be the registered agent? I
do not want to be the registered agent for
the association. 3) Is there any legal law
that we must continue using ZOOM for
the BOD meetings?
— Sandra
Hi Sandra:
1. Most committees don’t have a statutory requirement
to post notices. Those that deal with
making final decisions about the budget or
ARC should post statutory notices if they make
final decisions rather than recommendations
2. Most management companies act as
the Registered Agent but there is no “law”
requiring them to do so. Otherwise, the next
most popular choice is the association attorney.
The next choice could be the CAM,
but the address is the association office, not
your personal address. The reason you don’t
want a board member (home address) to be
the CAM is the office of the Registered Agent
is to be accessible to a process server/deputy
sheriff during regular business hours. That
should not be anyone’s home.
3. There was never a legal requirement to use
zoom for board meetings. The statute allows/
permits board members who are present at the
meeting via speaker telephone or real time electronic
videoconferencing to participate as if
there, count toward the quorum, and vote.
— Betsy
• • • •
HAVE A QUESTION FOR BETSY? SUBMIT YOUR QUESTIONS VIA EMAIL: BETSY@FLORIDACAMSCHOOLS.COM
Betsy Barbieux, CAM, CFCAM, CMCA, is an information leader in Florida community association living. She is an expert in the rights and obligations
of owners as well as the board of directors and association management. If you live in Florida, there is a good chance you are a part of a community
association. Since 1999, Betsy has educated thousands of managers, directors, and service providers. So whether you are an owner, board member,
or CAM, she provides training and coaching for all. Betsy is a member of CAI National, FCAP, former member of the Regulatory Council
for Community Association Managers, featured columnist in industry publications, and host of CAM Matters on YouTube:
www.youtube.com/c/cammatters. Florida CAM Schools, LLC, www.floridacamschools.com, 352-326-8365.