Board not posting Agenda in time for meeting...

Started by FionaC • 4 replies • 1775 views

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FionaC (California)
Posts: 212

Posted:

Short of emailing the management company on this... is there anything else that can be done?

Our Board has had issues consistently NOT posting the agenda within the 4 day limit as per Davis Sterling. Other homeowner's have called on this and all that happends is a reschedule of meetings..

TimB4 (Tennessee)
Posts: 21,047

Posted:

1) inform the board about the complaints from the membership
2) Offer to assist in making the agenda so the time limit can be met.

BethJ2 (California)
Posts: 62

Posted:

I would go to the board meeting each time they don't post an agenda and publicly let them know that they are required by law to do so. Decisions they make at the meeting may not be enforceable. Check the Davis-Sterling website about this one. We would never have a meeting without the agenda posted at least 4 days before.

http://www.davis-stirling.com/MainIndex/MeetingAgendaRequired/tabid/1270/Default.aspx#axzz1kJcXrh9M

BradP (Kansas)
Posts: 2,640

Posted:

Fiona:

This is what I would do:

1) send a letter to each and every board member, their attorney (if applicable) and management company informing them of the law and asking them to comply.
2) I would bring it up at the next meeting and ask for compliance because you want to limit the potential liability the association has.
3) if they still fail to follow through then proceed with making changes at the board level.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Fiona, everyone who replied has good ideas for you. If you have time before the next open meeting, write an agenda request to all directors and the prop.. mgr. asking that the 4-day notice be placed on the agenda for board discussion.

If the board refuses, make your remarks during open forum at the next open meeting and request that your remarks be placed in the minutes.

Review the contract with the Prop. Mgmt. Co. There may be a clause, which states that the PM must abide by your HOA's gov. docs., with CA codes, etc. Or a clause that states that the PM doesn't need to follow board directives that are opposed to your docs., CA codes, etc.

By the way, Fiona, eff.. 1/1/12, Executive Session agendas also need to be posted 2d ays in advance of such a meeting. We just posted ours a few days ago and listed the agenda items without revealing names of those called to hearings, someone in a personnel matter, etc.

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