Homeowner's Association (HOA) Law - Attorney Holly Rice's notes from the arena:
Recently, I had sat in on an interesting Board of Directors meeting for a homeowners' association. I liken the experience to watching a shark maul its next meal. This particular HOA had only FOUR members, and they were all on the Board. Alliances had been created, such as you might see on that show, Survivor. Two on two. To me, that meant basically nothing was going to get done. Two issues stood out: FIRST - suspension of voting rights of one of the members. SECOND - enforcement of the covenants to compel removal of a boat from one of the docks. Let's take a look at each issue.
The first issue was whether one member would have his voting rights suspended. Curiously, the member in question was permitted to vote on whether his voting rights would be suspended. However, the President refused to allow him to speak. Not surprisingly, it was a 2-2 vote. Florida Statutes Chapter 720 deals with Homeowners' Associations. Fla. Stat. §720.303 provides that members have the right to attend and speak at board meetings. The President violated Florida law when he refused to allow this board officer to speak. Interestingly, the Florida Statutes do not directly address whether a board member has the right to vote on the suspension of his own voting rights. However, one should always look to not only the Covenant Declaration, but also to the Association Bylaws for guidance. Also, Florida's Not For Profit Corporation Statute, governs where the HOA statute doesn't address an association issue.
The second issue was slightly more complicated,