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DonnaS
(Tennessee)
Posts:5671
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| 01/01/2008 10:07 AM |
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Thank You Paul,
Yes, how easily we become engaged in difference of opinions. One of the most confusing items that brings some arguements to a head is how the different State laws, rules and Statutes are . Being from Florida, we have some of the most wordy statutes to follow. They are rather explicit in how associations are to be governed and I sometimes forget that many other States are less strict and a lot less involved in condo and HOA life. I am a strong proponant in some basic laws for HOA, Co-ops, mobile homes and condos to follow. But that's my dream world. Again, Thanks! |
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SusanW1
(Michigan)
Posts:5202
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| 01/01/2008 10:24 AM |
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Bottom line is - Emergency OR Special Meetings are called for SPECIFIC reasons. This must be stated in the Notice of the Meeting or the Call For The Meeting.
These meetings should not be for discussion, venting, comittee work, etc., but rather to propose and vote on a motion to do a Board action. (Take action because the roof blew off, water main broke, etc. or recall an officer, fire an employee)
That motion should be stated in the Call. All members who meet for this meeting need to have Notice.
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PaulM
(Pennsylvania)
Posts:1347
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| 01/01/2008 10:29 AM |
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SusanW1: And, then, how does your info--definition and notice to be issued-- assist the original poster, NealF, in the purpose of their 'emergency' meeting?
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SusanW1
(Michigan)
Posts:5202
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| 01/01/2008 12:31 PM |
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NealF's original question was;
"An Emergency Board Meeting has been called for the second time in a month with a General Membership Meeting scheduled for the following month. Is a Special Agenda needed and, if so, is a sample available? Thank You!"
The Agenda = the Notice of the Meeting, or Call for the Meeting and a statement of the proposed motion.
And that is the ONLY subject that can be dealt with at that meeting, since it was called for that purpose.
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DonnaS
(Tennessee)
Posts:5671
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| 01/01/2008 5:35 PM |
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Neal and everyone,
It took me long enough but the answer to your question is below in Cal.SB528
The answer as I read it is "NO" you do not need an agenda for an emergency meeting .
4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions:
(i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.
It also states reasons that are considered "EMERGENCY" according to SB528. I think that Boards are using this classification much too readily.
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