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Subject: Special meetings
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Author Messages
KerrieW
(Maryland)

Posts:3


05/16/2006 6:02 AM  
Documents state that all (regular & special) meetings must have written notice to the membership 72 hrs.-90 days prior to the meeting for Board & Committees. Problem is that there are multiple committees in this very large HOA community, to mail out over 400 notices just so the pool committee can decide on what landscaping to choose seems ridiculous. Is there an "ACT" or anything that trumps the docs?
Another section, "Action w/o mtg." allows the Board to make decisions as long as Boards gives written approval and decisions are recorded for the minutes (i.e. email). But that still doesn't allow the committees to make decisions outside of a meeting w/o given notice.

RogerB
(Colorado)

Posts:5067


05/16/2006 7:24 AM  
Kerrie, you didn't state which document requires notice and how the written notice was to be delivered. We use a notification request form to find out who wants to be advised by e-mail on Board meetings; post notices in public places; and for notices of members meetings use U S mail.

You can amend your document(s) to what is practical and does not violate those members who want to be notified. Usually rules & Regs may be amended by the Board; By-laws amended at a members meeting; and I doubt your requirement is in the Declaration.
KerrieW
(Maryland)

Posts:3


05/16/2006 7:32 AM  
Its stated in the Bylaws and its specific that notice is mailed or hand delivered (430 single family homes.

Yes, an amendment by the membership is an option but that is a long lengthy process for a community that has yet to be fully turned over from the developer. Committees and members are up-in-arms about what the true defintion of a meeting is??
RogerB
(Colorado)

Posts:5067


05/16/2006 11:12 AM  
Kerrie, I have found it easy to amend the Bylaws. Some HOAs are even allowed to amend by a vote of the Board - I don't think is a good policy. With 430 homes it requires notification that a vote will be taken to amend at a members meeting and the gist of the amendment provided. If a quorum is 10% or 43 units, represented in person or by proxy, as few as 22 if a simple majority is required, or 30 if it requires 2/3, is all that is required to approve amendments.
BrianB
(California)

Posts:2820


05/16/2006 11:40 AM  
Kerrie
committees don't make decisions. they make recommendations to the board. THe BOARD makes all decisions.

Committe meetings are NOT Board meetings, and usually, not subject to the rules regarding said meetings (again, why should they be? no decisions are made in committees).

So, the committees meet, no notices needed. They recommend to the board, who makes decisions in their NORMAL meetings, which are routine and announced, or makes them outside of such meetings and documents them properly.

I also suggest reading your bylaws carefully. OUrs, for example, differentiate the rules between an annual meeting, a special meeting, and a typical working board meeting. Different requirements for each.
KerrieW
(Maryland)

Posts:3


05/17/2006 6:43 AM  
I understand that committees don't make decisions but when it states " All mtgs. of BOD or committee shall be held regularly established dates...and it shall have been made known to all members in writing by mail or hand delivered not less 72hrs-90 days"

It just seems unrealistic to bare the mailing expense of 430 homes so the pool committee can meet to review landscaping ideas or the covenants committee to meet in a home to reveiw the documents, etc.

What is the true definition of a meeting? Where decisions are made?When BOD and/or committee gather to discuss?

RogerB
(Colorado)

Posts:5067


05/17/2006 7:23 AM  
Kerrie, I would use common sense in dealing with this. This is badly written and needs to be amended. Until then is there anyone who really cares to be notified on committee meetings? You could send out a Notification Request Form like the following.

____________ HOA NOTIFICATION REQUEST FORM

Please be advised that you are waiving your right to be notified if you do not complete and return this form.

Name ________ Address _______ Signature______ Date _______

Do you want to be notified of:
Board Meeting _______ Yes ________ NO
Committee Meetings _______ Yes ________ NO


Members will always be notified of all Member meetings.

How do you want to be notified:
___________ E-mail __________ U.S. Mail

Note: E-mail notification will provide savings for the HOA and more prompt notice than snail mail.

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