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DiannaC2 (Virginia)
Posts: 1
Posted:
Our HOA Board adjourned there meeting before completing on item that had been added to new business on the agenda and approved by all members present. One Board member had left when it was discovered that this item had been omitted. The resident that had presented the question and requested Board action had been told in the open session that she would be notified of the Board's decision following the meeting. Therefore the Board reconvened minus the one member that had left and took a vote on the item. There was not intent to exclude this member they had simply left. The absent member has now exploded in anger that this occurred and has become very upset with all the other members. Does the action taken at the reconvened meeting need to be nullified and a new vote taken? Any information or suggestions would be greatly appreciated from this new Board member who is learning the ropes. Thank you, LWPOA Board member
JohnC46 (South Carolina)
Posts: 14,265
Posted:
So the scenario is:

Motion to Adjourn. Seconded, Voted, Motion carried. We are now Adjourned.

One BOD Member leaves. Hot date maybe, whatever.

Someone says wait we forget to discuss agenda item so and so.

Blank stares. Those still hanging about (those without hot dates) say OK, let us reconvene.

So the question is can they reconvene?

Off the top of my head, I say once the meeting was adjourned with no agreement to reconvene (which they could like end for the day and reconvene tomorrow) they would then have to go through the "meeting notice procedures" in your docs to "have" a new meeting.

Of course I could be wrong.

TimB4 (Tennessee)
Posts: 21,047
Posted:
Dianna,

If the individual left before the meeting was adjourned, then the board could have continued the meeting without an issue. However, if the board did adjourn the meeting, then your VA law requires notice be given of a new meeting. The Board could not reconvene the previous meeting once it was adjourned with out the reconvening being part of the motion to adjourn.

If there was no notice of the meeting, then the Association would technically be in violation of the notice requirement. If challenged, this could result in any vote taken at that meeting to be considered unenforceable.

Since it's likely that the vote won't change, it's probably best for the board to either hold a special meeting for that one issue or add it to the next meeting. If the member was notified of the results already, the board should inform them that there are procedural issues surrounding that vote and inform them of the next meeting that will address the issue. This will only cause a slight delay, minimize issues over the vote and smooth things over with that one Director.

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