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PhyllisE
(Texas)

Posts:4

09/02/2007 3:36 PM
Our newly elected board has a board meeting every month 1 week after our general meeting. Any member can show up. You just cant speak unless called on. My problem is the board swears anyone who shows up to secrecy. They are not to discuss what goes on with anyone.Is it suppose to be that way? Phyllis

GlenL
(Ohio)

Posts:3621

09/02/2007 4:03 PM
As a general rule no they can't swear you to secrecy and even if they do what happens if you tell someone? Are you booted out of the HOA? Fined? (Good luck enforcing that!) What State are you in do you know if there are any laws governing your meetings? Not just your state HOA codes but since the HOA is probably incorporated the state laws regarding Corp will apply. What do your CC&R's say about meetings? This may be an attempt of BOD members from getting themselves posted on U-Tube making dumb remarks.

Your board meeting is not held in the Situation Room of the White House. It's not life or death. Let people in, keep it positive, then go home and get a good night's sleep. If you hold off drinking until after the meeting, instead of before or during, you're probably doing OK. JosephW

PhyllisE
(Texas)

Posts:4

09/02/2007 4:31 PM
We are in Texas. No there is nothing in our by-laws or anywhere else i can find on this subject. Phyllis

PhyllisE
(Texas)

Posts:4

09/02/2007 4:33 PM
I think the reason for all the secrecy is they are making decisions and spending money before bringing it to the members. So it is a matter of fact at the next meeting. Members cant vote yes or no. Phyllis

GlenL
(Ohio)

Posts:3621

09/02/2007 4:54 PM
I think I misunderstood your original post, you have a meeting every month then one week later the BOD has a work session that they are allowing people to attend but don't want these reported is not out of line. For the most part unless the BOD is considering a capital improvement something that is not there now like a pool or park then the homeowners should have a right to vote on it depending on your CC&R's. Otherwise it is the BOD's responsibility to pay the bills and see that things run, they set the budget and assessments which sometimes approved by the homeowners but not always.

Your board meeting is not held in the Situation Room of the White House. It's not life or death. Let people in, keep it positive, then go home and get a good night's sleep. If you hold off drinking until after the meeting, instead of before or during, you're probably doing OK. JosephW

NancyD1
(Florida)

Posts:447

09/03/2007 8:00 AM
We sometimes have working meetings. These meetings are open to all homeowners and they are not told to be quiet about them. I know why your BOD would want the discussions kept quiet thought, the rumor mill. It works overtime whenever we have a working meeting. Even thought we do not vote on anything,the whole community is bussing about what is going to be changed and it is usually wrong.

RogerB
(Colorado)

Posts:4686

09/03/2007 9:04 AM
So Nancy, if you want to get the correct information out to your community I would suggest having Board meetings or Town Hall meetings rather than work meetings. You can take minutes and provide them to your members on a website. Keep everything open to the members and allow for their feedback. IMO too many Boards feel bothered by homeowners' input. While their job is thankless they still need to remember the Board's job is to serve its members.

PhyllisE
(Texas)

Posts:4

09/03/2007 9:18 AM
A litttle more info.is needed. We are a small community of about 370 residents.We only pay $5. a month $60. a year.We had already voted down getting a laptop computer for the treasurer, before the last election the 28 of July, a computer had already been donated to the POA,by a resident for the treasurer use ,but she wanted a laptop. For the first 3 weeks they had A bod meeting 1 a week. Several residents attended. When approached on progress of bod ,we were informed nothing could be discussed. They still havent told the people ,but they bought the laptop for the treasurer and also spent $3800. for an accoutant to fix what the treasurer was suppose to handle and didnt last year.We Had our first meeting sense elections Aug. 28 ,there was no mention of computer purchase ,but it was there . And no mention or login on finnancial report given about accountant or laptop. Keep in mind the members had already voted NO, we have bought 3 computers in the past and no one knows where they are. Phyllis

JohnM3
(Florida)

Posts:288

09/03/2007 9:33 AM
Phylis: Are you on the BOD? What state are you all in. Because each state is as different as night and day. Example in Florida we have laws that state all meetings are goverened by the "Sunshine Law" which makes all meetings public information for members. The only time they can be private or restricted is if we are talking to our Lawyer on legal matters. We used to have a lot more authority but we changed Governors under a state constituion that has term limits and the new lt gov hates hoas and gutted us out of almost all areas of concern to HOA's Not condos cause there laws are totally different in Florida.

MicheleD
(Kentucky)

Posts:4491

09/03/2007 5:20 PM
I dunno what to think about this one. 370 residents?? We have about 275, and they don't get to vote on laptop purchase. The board does. In fact, our members really don't get to "vote" on any capital expense. The BOD does because they were elected to operate the HOA on a day-to-day basis, including handling a variety of questions such as capital expenses. If the capital expense gets to the point that a special assessment would be needed, we would most likely put that discussion out there at a meeting and obtain input from the homeowners. Our governing documents do not require us to put such business before the homeowners for a vote, only deed restriction changes or by-law changes, or BOD elections.

RobertR1
(South Carolina)

Posts:5164

09/03/2007 7:12 PM
To all, Doesn't anyone in this thread take and publish minutes of the meetings? You should and if the Board has no restriction on what they can spend,without approval of members, you need some guidelines. I would also suggest some committees be appointed to look into reserve studies which will provide a long range plan and a working budget. All this should be open information and records kept. IMHO there is no justification for demanding a secrecy oath, ridiculous. If the rumor mill is a probkem, publish the minutes of the meetings in a timely fashion.

PatH4
(Arizona)

Posts:17

09/03/2007 11:25 PM
Are they voting in this meeting?

BradP
(Kansas)

Posts:2491

09/04/2007 7:34 AM
Posted By MicheleD on 09/03/2007 5:20 PM I dunno what to think about this one. 370 residents?? We have about 275, and they don't get to vote on laptop purchase. The board does. In fact, our members really don't get to "vote" on any capital expense. The BOD does because they were elected to operate the HOA on a day-to-day basis, including handling a variety of questions such as capital expenses. If the capital expense gets to the point that a special assessment would be needed, we would most likely put that discussion out there at a meeting and obtain input from the homeowners. Our governing documents do not require us to put such business before the homeowners for a vote, only deed restriction changes or by-law changes, or BOD elections. Michele: I agree with you, the only thing I don't like is the purchase was not talked about and approved in an open meeting. that is where all business should take place.

NancyD1
(Florida)

Posts:447

09/04/2007 11:42 AM
There is not a private community in this country that can have a quorum of BOD members, for a Board meeting and not have it open to the members. Minutes must also be taken. The exceptions would be legal issues with an attorney present. JohnM3, I believe that the new statues in FL 720 amended 7/1/07 provides a HOA more authority and less restrictions. Just the financial statues, ensure that HOA's will not lose money that is owed. Each year it seems that more and more statues are conforming to FL718 for condos, which is more descriptive. Florida HOA's are not governed by the "Sunshine Law". The Sunshine law is only for state and local government entities, not private HOA's.

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