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| Author |
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DeAnnW
(Virginia)
Posts:18
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| 06/25/2008 9:12 AM |
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Hello All,
I am in Virginia. Can anyone tell me the difference in work sessions, special meetings, and monthly board meetings?
Thanks
DeAnn |
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MaryA1
(Arizona)
Posts:2241
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| 06/25/2008 9:32 AM |
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Posted By DeAnnW on 06/25/2008 9:12 AM
Hello All,
I am in Virginia. Can anyone tell me the difference in work sessions, special meetings, and monthly board meetings?
Thanks
DeAnn
Hi DeAnn,
1) A work session may be called for various reasons:
a) put together a mass mailing
b) discuss contemplated projects
c) review state laws, etc.
d) discuss proposed budget
Information may be gathered but no voting or action shall take place at a work session.
2) Special meetings of the board and special meetings of the members may be called to conduct business that might come up between regularly scheduled board or member meetings. Most boards meet monthly and member meetings are usually just held annually. Anything in between would be a special meeting.
3) Monthly board meetings are held for the purpose of conducting the business of the assn.
Some states have open meeting laws which require that members be informed of all meetings of the assn. This may also apply to work sessions. I'm not sure that VA has an open meeting law; you might want to check this out. |
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DeAnnW
(Virginia)
Posts:18
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| 06/25/2008 9:56 AM |
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Thank you for the information. I ask becaue my board has monthly meetings and monthly work sessions, but special meetings are also being called.
From reading the VA codes (nonstock and POA acts) I belive these meetings should be open to the members. The board is not posting these special meetings and I believe they are voting on items in these special meetings.
I will clarify with the board, but I believe they met last night for a special meeting to discuss things such as board goals, and to elect officers that were not elected this past sunday during their executive session after the annual meeting. I also believe, but will verify, that the board members calling these special meetings are not even providing the board members the proper notice specified in the bylaws. I also believe they are voting on items in executive session, and according to the Acts I read, they should be voting in open session.
I feel as though the topics that these special meetings are being called for are items that could be discussed at work sessions or could even wait until the monthly board meetings.
I want to be sure my board is not circumventing monthly meeting items in these meetings. Should the board be voting on items in the special meetings or work sessions what course of action is available to our homeowners to stop this? Would those votes be valid?
I was a board member for many years and know it can be difficult to get things done. When I became a board member I was very uneducated, I have read up on the state laws and paid more attention to the associations documents, and of course visit this site often (even though I don't often post). I am trying to assist my new board so they do not continue to make the same mistakes we all made in the past. I also believe some members of the board to be a little on the power hungry side and want to protect the rights of myself and my fellow property owners, without inhibiting the work the board needs to do.
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MaryA1
(Arizona)
Posts:2241
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| 06/25/2008 10:02 AM |
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DeAnn,
From what you have written I know your board would be in violation of AZ's open meeting law. I'm not familiar with VA HOA statutes but if you say meetings should be open to the members I would think that also applies to special meetings and work sessions. Business can be conducted at special meetings but I would think not at work sessions. It all depends upon what your docs say and state law. Since you are advising the board -- or at least some of the board members, I would show them the state statute they are violating and ask that they take steps to make changes in how these meetings are being conducted. If VA has a state agency resp. for overseeing HOAs, perhaps you can file a complaint. |
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SusanW1
(Michigan)
Posts:2176
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| 06/25/2008 10:15 AM |
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You said, "I believe they met last night for a special meeting to discuss things such as board goals, and to elect officers that were not elected this past sunday during their executive session after the annual meeting."
Sounds like the election is a power granted to the Board - so input from the "public i.e. residents" would be nil. Ditto setting the Board goals, although it would be interesting to see them - and track if they are being met.
Your documents, i.e. Bylaws, should outline the type of meetings the Board can call. There may be a "notice" clause in the Special Meeting section, but if it does not address the notice to the public, then the meeting is for the Board, not the public.
Does your state have condo laws governing meetings? Defer to them, if you do.
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