HankV (Florida)
Posts: 29
Posts: 29
Posted:
At the committee meeting if all board members are present would that constitute a board\meeting?
Note we do post all committee meeting dates.
Note we do post all committee meeting dates.
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finance committee with board present
Started by HankV • 23 replies • 4016 views
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DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
If a quorum of the board is present and association business is being conducted, then it is a board meeting. You would need to comply with all the relevant requirements (e.g notification of members, etc.).
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
David's reply also is the case in Calif..
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Hank,
Are they observing or participating in the meeting? Every member of the association is able to attend the Finance meeting as well as all other committee meetings. That will include the Board members/aka/ association members. But if they do anything other than observe, a duly called meeting of the Board is then required to be called and notification must be done.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
In Calif., a quorum of the board is a meeting whether or not some directors are mute. Note the word "hear" in CA Civil Code below. I don't know the requirements for other states.
So we also always post our committee meetings 4 days in advance of them so that HOA members may attend if they wish.
Board meetings are defined by the Davis-Stirling Act as a gathering of a majority of directors at the same time and place to "hear, discuss, or deliberate upon any item of business that is within the authority of the board." Civil Code §1363.05(k)(2)(A). This includes email between directors.
Read more: Meeting Defined http://www.davis-stirling.com/MainIndex/MeetingDefined/tabid/1284/Default.aspx#ixzz1iRTSHdrl
from Davis-Stirling.com by Adams Kessler PLC.
So we also always post our committee meetings 4 days in advance of them so that HOA members may attend if they wish.
Board meetings are defined by the Davis-Stirling Act as a gathering of a majority of directors at the same time and place to "hear, discuss, or deliberate upon any item of business that is within the authority of the board." Civil Code §1363.05(k)(2)(A). This includes email between directors.
Read more: Meeting Defined http://www.davis-stirling.com/MainIndex/MeetingDefined/tabid/1284/Default.aspx#ixzz1iRTSHdrl
from Davis-Stirling.com by Adams Kessler PLC.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
I don't know how all board members got on one committee, but . . .
A committee meeting is not a board meeting, so even if all board members are there, they are not wearing their board hats. The meeting would be chaired by the comittee chairperson, so they are simply observers or members of the committee. They have no special power or privilege at THAT meeting. If motions are passed, they are committee motions and must be brought before the board for approval. Committees have no power except when project and/or budget is approved at a board meeting.
A committee meeting is not a board meeting, so even if all board members are there, they are not wearing their board hats. The meeting would be chaired by the comittee chairperson, so they are simply observers or members of the committee. They have no special power or privilege at THAT meeting. If motions are passed, they are committee motions and must be brought before the board for approval. Committees have no power except when project and/or budget is approved at a board meeting.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
As noted above, Susan, CA law is very clear on this point, i.e., because recommendations from, in this case from Committee will become agenda items for the Board, such meetings, if a quorum of the board is in attendance, must be duly noticed.
Our FC Committee of 5 includes 3 directors. The president often attends as the ex officio member, thus, because we're a board of 7, it's always possible that a quorum of the board will be present at any given monthly FC meeting. We, then, always notice the meeting in our mail rooms 4 days in advance of it.
The issue isn't "power," but the fact that CA Civil Code tries to make sure that discussions and deliberations among a quorum of directors do not take place behind the backs of homeowners.
As also mentioned in my above, I do not know the requirements in other states.
Our other Committees contain either 1 or 0 board members.
Our FC Committee of 5 includes 3 directors. The president often attends as the ex officio member, thus, because we're a board of 7, it's always possible that a quorum of the board will be present at any given monthly FC meeting. We, then, always notice the meeting in our mail rooms 4 days in advance of it.
The issue isn't "power," but the fact that CA Civil Code tries to make sure that discussions and deliberations among a quorum of directors do not take place behind the backs of homeowners.
As also mentioned in my above, I do not know the requirements in other states.
Our other Committees contain either 1 or 0 board members.
BeckyP3 (Florida)
Posts: 50
Posts: 50
Posted:
FL statute 720.303(2)(a) states, "A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business."
It seems to me that if a quorum of board members is present AND they are also members of the committee, they are there to conduct association business, which makes it a board meeting. But if those members are there just to observe, as any other owner might, but they are not members of the committee, then they are not conducting association business, thus the committee meeting would not be considered a board meeting. Agree?
It seems to me that if a quorum of board members is present AND they are also members of the committee, they are there to conduct association business, which makes it a board meeting. But if those members are there just to observe, as any other owner might, but they are not members of the committee, then they are not conducting association business, thus the committee meeting would not be considered a board meeting. Agree?
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Becky---------AGREE! Board members are still community members and do have the right to attend any committee meetings. Don't forget, committees work under the guideance and authority of the Board.
The entire issue is whether the Board is involved and making decisions. We have discussed whether a Board can gather together in social settings and of course they can unless they start conversations about association business which then, they must call for a meeting with proper notice. This is Florida, not California law.
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
I also agree with you Becky.
Granted, if not well advertised, it could be perceived from the membership as a board meeting. However, since the committee meeting is announced and open to the membership and minutes are kept, there is a record of what happens. Therefore, transparency isn't an issue.
Granted, if not well advertised, it could be perceived from the membership as a board meeting. However, since the committee meeting is announced and open to the membership and minutes are kept, there is a record of what happens. Therefore, transparency isn't an issue.
HankV (Florida)
Posts: 29
Posts: 29
Posted:
Thanks to all of you, this has been of great help
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
So if board members are present at a Finance or Properties committee and they have one member of the board as the liaison officer to go as the in between for the committee and the board. Then you are saying that if there are other members of the board sitting in the back of the room. Then it's okay to have these board members, and it not would not be a quorum, there as long as they do not say anything?
Frank
Frank
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
Frank,
It's best to not reactivate an old thread as laws change and what was good information in 2012 (when this thread was dated) may be bad information in 2015.
What is being said is that one individual may be wearing several hats. That as a member of the Association, as an Officer of the Association and as a Director of the association (it's like having three jobs). Depending on what hat you are wearing, nothing prevents an individual (who may also be a Director) from attending a committee meeting wearing the hat of a member of the Association.
It's best to not reactivate an old thread as laws change and what was good information in 2012 (when this thread was dated) may be bad information in 2015.
What is being said is that one individual may be wearing several hats. That as a member of the Association, as an Officer of the Association and as a Director of the association (it's like having three jobs). Depending on what hat you are wearing, nothing prevents an individual (who may also be a Director) from attending a committee meeting wearing the hat of a member of the Association.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
If you're still interested, Frank, start a new thread for a reply that's a lilt different than Tim's.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
If you're still interested, Frank, start a new thread for a reply that's a little different than Tim's.
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
Thanks for your replies regarding the board members attendance at committee meeting. I do have another question: After the annual meeting and at the very next board meeting. The new board members when votes are made to select the new officers. Is this done prior to officially opening the meeting? It seems that after the selection of the new officers, that is when the board meeting is officially in session. True or not- or does it make any difference.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Now, that's a whole new topic, Frank. Please start a new thread! There are quite a few regulars from FL here who'll be able to cite your state's laws. but they might not read this old thread. Some states require an "organizational meeting" when the new board (s)elects new officers. It is separate from a regular meeting.
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
To start a new thread, simply click on "add new topic" located just above the blue bar of the list of topics.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Sometime back there was a poster who observed several BOD Members chatting at an HOA Pool Party. She demanded it be considered a BOD Meeting as they were a majority of the BOD Members, regardless of what they were discussing. People, some of this can get out of hand.
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
I started a new thread regarding the procedure for election of officers either before a meeting or during. Thanks for your input
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
I started a new thread regarding the procedure for election of officers either before a meeting or during. Thanks for your input
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
I agree wholeheartly. You have Board liaisons to bridge the gap between the committees and the Board. Committees do not make a conclusive decision without the having the final approval of the board. It would be up to the committee chairperson to be in control of his or hers meeting, with the Board liaison as the bridge between the committee and the board. I have tried to see where in Florida Statues where this is actually covered, knowing full well that a quorum constitutes a board meeting. but the different wearing of the hats makes sense for the different committees.
FrankT8 (Florida)
Posts: 6
Posts: 6
Posted:
If Committees are discussing, such as the Election committee, regarding the absentee, proxy voting, or the Modification Committee; discussing what is allowed or not allowed on the exterior property of the resident's property or the Properties Committee; discussing what is able to be repaired in the commons area property of the community, road, etc.
Then what we are saying is if you have 4 or more board members attending this committee, since we have a 7 board member, that this would constitute a board meeting?
Then what we are saying is if you have 4 or more board members attending this committee, since we have a 7 board member, that this would constitute a board meeting?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Please start a whole new subject, Frank as others have requested. Click on Add New Topic" near the upper left of the Home page. then tie your topics a title. Then write your question, opinion or whatever. I don't think you'l get any replies till you start over.
It looks like your question is: Does a quorum of the board attending a Committee meeting constitute a meeting of the Board?
It looks like your question is: Does a quorum of the board attending a Committee meeting constitute a meeting of the Board?
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