Context:a Florida HOA bylaws indicate:
The passage below indicates
Special meetings of the Board
maybe called by the president on five(5)days notice to each Director either personally or by mail , facsimile transmission or electronic mail. Special meetings shall be called by the president or secretary in a like manner and on like notice on the written request of three (3) Directors.
A subsequent passage below indicates
Meetings ofthe Board of Administration
shallbe open to all unit owners. Notice of all meetings shall be posted on the official bulletin board ofthe Association at least forty-eight (48) hours in advance of each scheduled meeting and directed to the attention of all unit owners. In case of an emergency, a meeting of the Board of Administration may be held without notice.
Assume that a meeting minutes are provided as evidence. It would seem that the language using
may is a permissive and not a requirement.
Assume a 'corner case': a meeting is scheduled on the 1st for the 4th of a given month. Is there any case law or any other reasoning process that wherein
may nullifies such a meeting and effectively sets a requirement? Assume that meeting is posted with 48 hours notice so that only the shall / may language is the focus of any answer to the question.