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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111525
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can an HOA board president discuss HOA business through emails and exclude a member. Ther

Customer Question

Can an HOA board president discuss HOA business through emails and exclude a member.
There is a concern that a president is not following our community written restrictions. A matter of the ARC denying a request made by an owner and the president calling it board policy that he can over-ride and allow the request.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
Can you provide some context? What is going on? ANd which state is this in please?
Customer: replied 1 year ago.
I live in Florida. Would it be better to discuss this with an attorney familiar with Florida law?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the FL HOA law, board members are allowed to communicate with one another by emails. They do not have to include the member in their communications and the communications do not have to go to all of the board members. The FL Law still forbids voting in emails, but not communications.
As far as the president overriding the ARC, this depends on the bylaws regarding the powers of the board and president. The board can vote to overturn the ARC, but unless the bylaws give president that authority, he cannot do it by himself.
Customer: replied 1 year ago.
Our restrictions state: The ARC is hereby given and granted the exclusive power and discretion to control and approve all buildings, structures and other improvements...
However, since we had no volunteers for this Committee,3 board members volunteered. Does this contradict any rule as to decision making?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they have exclusive power and discretion, no individual can override the decision. Exclusive power means it rests in the ARC and the only way to overturn the ARC decision is the board of directors as a whole which has power to hear appeals over committee decisions and may reverse them.

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