Providing BOD meeting agenda to all homeowners before each BOD meeting?

Started by JoyceS1 • 4 replies • 1721 views

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JoyceS1 (Indiana)
Posts: 140

Posted:

At our annual meeting, a homeowner suggested that each homeowner be contacted individually or receive notification of items up for discussion in order for each homeowner to weigh in on decisions. In a large community that would be prohitive, but in our small 14 unit community, it is possible, although I do not believe it is something that we should do. That is why a board of directors is elected, everyone has an opportunity to serve on the board and/or committee(s) and also the board meetings are open to everyone. Plenty of opportunity for participation and input.

I'm curious, in communities larger that ours, do BODs provide advance copies of the agenda for each meeting to all homeowners so that homeowners can choose to attend the meeting if something up for discussion is of interest?

RogerB (Colorado)
Posts: 5,067

Posted:

Joyce, we provide email notification to those who request notification and provide an email address.

BrianB (California)
Posts: 2,820

Posted:

when we had them, we had two kinds: a standard meeting where we sent out a notice (called a general meeting) of the date, time and place of the meeting... if we had an agenda, we would send that. typically, however the agenda was "old business: none. New Business: from the floor".

Or, we would have a special meeting, where just the board met to discuss an issue, pass signature authority, accept resignation, or talk about landscaping issues, etc. We considered those "working meetings", and they were pretty rare... in general, we could do most of our working during the *unattended* general meetings. We never sent notice of the working meeting, because typically, they were in response to a crisis, and we could not provide adequate mail notice to everyone, and handle the issue in a timely manner.

DonN (Michigan)
Posts: 357

Posted:

JoyceS1

The contemporary thinking, which is being incorporated into amendments to POA law in a number of states, is that notice of the meeting should be made available to all members. Moreover, each member attending the board meeting should be able to comment on each agenda item.

A good reference for the reasoning is to examine the Open Meetings Act in your state, which likely contains many of the same provisions, for the same reasons — good governance.

For a most recent amendment to a POA Act, see Florida's Chapter 720 on HOAs at
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm. Scroll down to 720.303(2) Board Meetings. Note the right to speak on any agenda item.

The right to speak is akin to writing your legislator with a recommendation on a bill or other resolution. Why write a letter when members can meet face-to-face with the board? Often members provide information of value to the board. Only certain boards know it all, and they should probably be recalled. Members pay the bills for the board's actions including the board's mistakes.

In my county of about 25,000 residents, any resident can address the board of commissioners on any agenda item prior to the vote merely by requesting the floor from the chair. This is often exercised by residents and handled with civility and respect. It certainly seems that a POA of less than 25,000 residents could do the same.

Email is now a good way to advise members of meeting notices, minutes and other information. Inexpensive websites ($40 per month) are also available to provide such information.

I agree with RogerB that notices and minutes should be mailed to members who so request. A fee could be charged to cover the costs of copying and postage.

Don Nordeen
Governance of Property Owners Associations

BrianB (California)
Posts: 2,820

Posted:

please note when researching Open Meetings Laws, they typically apply to government entities, and not to private corporations. However, you should read the scope of each to make sure it does or does not apply, and the previous advice is still valid, such acts make good templates, whether they legally apply or not.

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