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| Tuesday, January 06, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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RickR1
(California)
Posts:37
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| 11/13/2006 5:12 PM |
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We just had our BoD meeting to establish positions and had a few question for you.
1. How do we just 'hold a meeting' thats sooner than the once a month one thats set in 30 days?
We hold a quarum (3 of 5)
Post a notice and record the action in the minutes, right?
Do we have to have the MC present?
Were in CA!
Anyone know the CA laws for email communication and meetings?
The present MC didn't enforce the sattelite CCR(no dishes in the common area-some are drilled to the roof)Should the homeowner or the MC be responsible or the MC take some because of nonaction!!!!????
People just started putting them up until the MC finally took noitce on the 8th one. No action but just a notice modification be sent to the ARC. I know everyone 'signed' to follow the rules but if we had the MC 'notice' the first one the all of this could of been avoided. Any specific letter to the MC on the BoD's behalf saying, lets say, do your job,what is your course of action now, etc. |
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SidneyP
(Florida)
Posts:292
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| 11/13/2006 6:03 PM |
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"if we had the MC 'notice' the first one
the all of this could of been avoided."
Rick, the MC doesn't live there, you do, your BOD's do. They should have been the first ones to see the satellites go up. It was up to the BOd's/HO's to report this to the MC if they wanted something done. The HO's are the ones who see the violations, it is their responsibility first. Satellites can be installed it is a FCC law but the BOD's/MC can keep a control as to where they are installed. That is as long as it doesn't interfere w/reception. |
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RogerB
(Colorado)
Posts:3724
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| 11/13/2006 7:20 PM |
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Rick, check your By-laws on holding (Board?) meetings. The Board should be allowed to call a special Board meeting whenever there is a need. The MC never needs to be at a Board meeting; their attendance is the choice of the Board. Don't know CA laws on communications for meetings but it is best to provide some means of notification to the owners and allow them to attend Board meetings.
Ultimately, the Board is always responsible for enforcement of the CC&Rs. It is the duty of the MC, as specified in the management agreement, to recognize violations and send notices. The Board needs to get face to face answers from the MC to get reasons for failure to enforce. If the MC is not doing their job get another MC. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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KathyS
(California)
Posts:142
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| 11/13/2006 7:48 PM |
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SPECIAL MEETINGS OF THE BOARD
Special board meetings are called between regular meetings to conduct business that cannot wait until the next board meeting. Notice is required for such meetings.
NOTICE OF BOARD MEETINGS
Who May Call Meetings. Board meetings may be called by the chairman or president of the board or any vice president or the secretary or any two directors. Corp.Code '7211(a)1
Notice to Members. Unless the time and place of meeting is fixed by the bylaws, or unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of board meetings, except for emergency meetings, at least four (4) days prior to the meeting. Civ.Code '1363.05(g)
Method of Notice. Notice shall be given by posting the notice in a prominent place or places within the common area and by mail to any owner who had requested notification of board meetings by mail, at the address requested by the owner. Notice may also be given by mail or delivery of the notice to each unit in the development or by newsletter or similar means of communication. Civ.Code '1363.05(g)
Go to www.Davis-Stirling.com and click on index. That should give you all the answers you want.
And no, managers are not required to be at the meetings. |
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RickR1
(California)
Posts:37
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| 11/14/2006 10:41 PM |
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About the MC:
So some would believe that the only course of action for the new BoD is to get a new MC.
Fact: They didn't enforce the rules
I would of not liked to walk into this dish problem but we have to. They acted like everything was hunky dory at the first meeting. Is there any other course of action against them? |
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RogerB
(Colorado)
Posts:3724
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| 11/15/2006 7:13 AM |
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Rick, I presume you are asking what action can be taken against the owner who installed the dish since you already have been advised about what action can be taken with the MC. If the owner received approval from the Architectural committee then no action can be taken. However, I know of no reason they would ever give such approval since it is usually forbidden to place dishes in a common area.
If they didn't get approval to place it in a common area of a Condo or Town Home, then send them a letter advising them to remove the dish. Suggest they request permission for installation in a specified location if available. If rules and regulations have previously been provided on procedures for installing a dish then a fine may also be in order. If the dish is not removed the Board can have the dish removed (preferrably by the company that installed it) and assess the owner for the cost in accordance with your Declaration. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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