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Subject: Board not allowing members to attend meetings?
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Author Messages
PattiB
(Georgia)

Posts:2


08/07/2005 5:36 PM  
You now have a new member from GA. I was wondering if anyone else is having problems with their board not allowing members to attend the meetings and not allowing residents to view minutes of their meetings? Southern Eagle
JaimeW
(North Carolina)

Posts:24


08/14/2005 9:55 AM  
According to most CCR's it states in there if the Board has to allow community members to attend the meetings and to distribute the minutes.

In most I have read the homeowners are allowed to attend the meetings but sometimes have to requst their attendance there and they cannot be there when the Board is discussing the delinquency information.

I believe if you request a copy of the minutes you are supposed to be provided them.

Read over your CCR's.
DonnaF


Posts:0


08/18/2005 7:42 PM  
Hello, We have a similiar situation in our communtity the president is kicking homeowners off the board without discussing it with the board telling homeowners if they speak he will have them removed. I was the president of our community for 8 years i know parlament procedure and our by-laws you cannot deny anyone who wants to come to a meeting any meeting even if it's about delquent, what ever the discussion any one is welcome or is supposed to be.Our problem is solving this situation any advice out there?
AudreyB
(Florida)

Posts:104


08/24/2005 5:41 PM  
Hi,

I read either in a FL statue or chapter that the President or member on the Board, didn't need an explaination to remove a member off the Board. Also read where the Board can vote the member off. I think that is an awful thing to do, remove a member off the Board. I believe, if such a thing has to be done, more professinal way to handle it is to vote to remove the Board member.

When the Board has to discuss homeowner's who are delquent with their dues, it is my understanding, unless they have a lien against the homeowner, no one outside of the Board can know about who the homeowner is, and how much the homeowner is delquent until a lien is in place. So, I agree when the Board reaches that part of their agenda for discussion, the homeowner's need to be excused. Or if the entire Board meeting is to discuss the delinquent homeowner, then too, the homeowner's should not attend that meeting.

My Board welcomes the homeowner's to discuss any topic. I thought only what is on the agenda is open for discussion. Am I mistaken? What happened to the homeowner writing the Board requesting to be heard at the next meeting and getting their 3 minutes?

Then next issue I have with my Board, is when they fail to notify every homeowner by first class mail or Newsletter, a month before the meeting to discuss and vote to increase our dues. The homeowner's who attended this meeting didn't know that there is such a procedure. If they had, they would be able to speak up to stop the Board from increasing our dues until rest of the homeowner's were properly notifyed.

Unless, the homeowner's have been on the Board before, these homeowner's do not realize that there are procedures to follow, and the Board is violating their rights as well as the other homeowner's.

As a former Board member from another Assoication, I do not know what to do about my Board and their failure to follow procedures and the laws of our State.

I am so open to suggestions.

Thank you,
Audrey
StevenB
(Pennsylvania)

Posts:7


08/30/2005 8:16 AM  
Our board has open meetings each quarter and keeps a binder of past board meeting minutes at our club house.

Check your association's rules about attendance and/or suggest sharing the minutes and/or periodic open meetings.
KerryS
(Washington)

Posts:2


08/30/2005 8:18 AM  
PattiB. In the State of Washington, where we live, there is specific legislation which requires all board meetings to be open. HOA minutes and accounting available to all members of a HOA for viewing. Unfortunately our developer, and our board have stated in public meeting and in writing we are not allowed to attend. We are forced to seek legal action to have access.
JackJ
(Florida)

Posts:40


09/05/2005 5:26 PM  
If your association is located in Florida the state statutes offer potential solutions to many HOA problems.
You can find the Florida statutes at: www.ccfj.net/HOAFS720partI.htm
LisaS
(Illinois)

Posts:341


09/07/2005 9:52 AM  
The first place you should start is the CCR's. What do they state regarding meeting forums, procedure, and notification? Then find the applicable laws in your state. For most, it is a click away on the state website.

In Illinois we are lucky- we have a pretty decently written and easy to understand Condo/HOA Act. (although it won't stay that way if the Governor has his way...)

There are rules for access to minutes, budgets, financials, etc. There is also the requirement for open meetings unless the discussion is regarding employees or violations by a homeowner. In that case, only the homeowner involved can attend.
DavidP
(Oklahoma)

Posts:6


11/30/2005 11:28 AM  
I'm the president of a relatively new HOA in OK.

Here's my 2-cents.

Being a new board, we have a lot of work to do - meeting often 3 times a month, and don't need residents attending every meeting. We allow them to attend 1 meeting a month. When they attend, they are not allowed to participate - instead, I have Q & A time AFTER the board finisheds discussions (trust me, try holding a meeting with multiple opinions flying around - you'll never finish). No one's complained, and they usually take notes so they're ready to ask questions when we are done.

Minutes are provided upon request, but are not voluntarily sent out.

Bottom-line - its easiest to address homeowner concerns 1 on 1 outside of the board meetings and/or by having a Q & A time after the boards business is completed.

One other item - we're usually meeting in someone's home, so we really avoid having very many visitors during our meetings (admittedly, there are only 50 homes currently, with another 50 on the way, so not too many residents taking an interest).

DTP
BradB1
(Illinois)

Posts:15


05/12/2006 6:42 AM  
I am in Illinois also and have found, through informative sites such as this one, a lot of assistance in ways to conduct the business of the Association where everyone at least "understood" why meetings were open and why some are closed. We define meetings as regular board meetings, and include a 15-30 minute (yeah, right...try 2 hours last night!) open forum for members to address their questions to the board and address concerns that have not been taken care of by the property management group. After that, the meeting is now closed for open discussion, but members are allowed to stay and observe the rest of the meeting.
"Executive Sessions," however, are sessions where the board meets to discuss issues of violations, compliance, delinquencies and legal strategies as well as initial proposal gathering for bids (to be later presented in an open meeting to be voted on in public). The purpose of having these sessions "closed" is to keep confidentiality for these matters.

We have found that explaining that there are different "types" of meeetings with different purposes and allowing the open forums has helped quiet down the "rumormill" that something is going on "behind closed doors" that the members should worry about.

Since we only have a board of three members, it also protects those members from being cited as having a "meeting without public notice" if they happen to drop by another board members house and stop to chat for a minute.

I forget where exactly we found the term "executive meeting" and its definition, but we are ever so thankful for it!
JulieS
(Georgia)

Posts:412


05/12/2006 8:39 AM  
Our covenants state that all meetings are open but that a homeowner cannot speak until acknowledge by a board member. The board also has the right to call an executive session in which sensitive legal matters are discussed in private.

The only time we have ever had anyone other than a board member attend a board meeting was after removal of board members. The person spearheading this effort didn't get onto the board and she became a 'watch dog' so to speak for a few months.

The covenants are very specific in the removal of board members. We also post our meeting minutes on our website.
BrianB
(California)

Posts:2803


05/12/2006 10:40 AM  
when we had meetings, ours were similar to JulieS....

the board met, and the meeting was open. However, an agenda was prepared, so if an owner just showed up, there was no guarantee they could raise and issue, speak, etc.. If we had time, sure, we would do new business, but sometimes the agenda was full, and we couldn't open up to the floor. But the burden is on the owner to get their concern on the meeting as an agenda, then they can speak and proper time can be set aside.

Executive sessions are a different matter, those can be closed and non board members not allowed to attend. However, those can only be on very specific subjects (personnel, discipline, etc.) by most state laws.

EdR
(Texas)

Posts:170


05/13/2006 10:33 AM  
All:
Read your CC&Rs and your by-laws. If a board is elected by the membership (all of the homeowners voting) then they can only be removed by the membership (probably a 2/3 vote). A petition is required with a certain percentage to call a special meeting and then a petition with a certain percentage of member's votes to remove the director. A board can vote to change an officership or committee chair if they've voted it in ON THE BOARD. But if members vote in directors, they have to vote them out. The board can only ask a director to resign; if they do not, the rest of the board will usually marginalize them anyway, and then they may as well quit. This happens all the time because even when that director knows they are being left out, they can't prove it unless they accidentally get an email or communication, and if the MC is working with the president or other corrupt directors, they will help keep certain info out of a board packet--I know this--I've been the one left out and the one targeted because I asked questions about their wrongdoings. These boards are really getting out of hand IMHO. Something needs to be done by lawyers getting on the side of this irresponsibility and focusing on this instead of ways to make money off foreclosures and fees due to it. These homeowners certainly should want their community to be nice, but the wrong type of board is a power trip and everyone suffers for it. I don't approve of people getting on boards because they want to argue over getting violation letters either. What if everyone disobeyed the law? I've said this before in a thread on this site--I have a rental property that is unsellable because people around it in the assn. do not keep up their property. I've put $50K into the inside and outside, new appliances, new A/C and furnace and CANNOT sell because of the way the community looks. A homeowner doesn't get worried about the rest of the assn. until THEY try to sell. Then it's too late. Our former president of our board did not want to enforce deed restrictions; did not follow them because she selectively enforced (or didn't) for her friends. She finally sold her house but it took several months, but she moved to a property that has no HOA. Do you know what this tells me? But the other people that didn't want to abide with the deed restrictions are still here and they are still violating. It doesn't have to be unpleasant; it just appears that it's their way or the highway!
EdR
EdR
(Texas)

Posts:170


05/13/2006 10:35 AM  
One other thing. A board meeting is a board meeting. This is unfortunate because it's the membership's board. The board HAS to allow members to attend, but they can keep them from talking. However, a decent board will allow a homeowners' forum to allow concerns to be presented. If they do not and you must wait until the annual meeting, then there may be reason to question what is going on.
EdR
TomJ
(Arizona)

Posts:42


05/15/2006 1:48 PM  
Arizona passed a statute a almost two years ago that prevents HOA board from not letting members speak. So we start the first 15 to 30 minutes of the board meeting with an open forum. Members can address the board on anything they wish.

When they come to the meeting they sign in with their lot number and are checked as the home owner. They are given copies of the minutes and the agenda.

The minutes are also put on the internet under Yahoo Groups.

I am talking of the open meeting, the executive is still closed while deliquencies, fines, etc are discussed.

Of course with 199 home owners, we usually get less than 10 members to show up at the meetings.
TinaD2


Posts:0


01/04/2011 5:44 PM  
Hi Patti:

I live in GA also and just finished a one year sentence as a board member. Was curious if you have a meeting space available on site? We do not. So what happened in the beginning after turnover is that the board was holding the meetings in their townhomes and not posting the meetings to the residents. Our bylaws state residents cannot be excluded from meetings, but they sure try to do just that. Then the rest of the board decided to have meetings at the property manager's office, which is not convenient for the residents. Our president tried to prohibit residents from attending until I made a stink and emailed the property manager and quoted the direct by-laws. Well she couldn't argue with that, but sent an email stating that "unfortunately residents can attend all meetings". As far as the minutes go, the Secretary never took accurate minutes in our case, even going as far as manipulating them to suit how she wanted it read. She would not like to state that I was the one who was voting against them, etc. Our minutes are only a short page long and don't accurately reflect the meetings. One resident who did not attend one of the meetings emailed the property manager for a copy of the minutes. The manager in turn said she would send the request to the board, which in turn IGNORED it totally. In our bylaws they are required to fulfill requests for information within 5 days. But I have found one thing, in the state of Georgia there is absolutely noone to enforce anything regarding boards. Have you come across anyone other than an attorney? If anyone has, please let me know. All I can say is I really miss living in Florida!
SharonG4
(Mississippi)

Posts:54


01/05/2011 12:14 AM  
Tina---I wholeheartedly agree with your statement about living in Florida. The statutes were easily found, there were a great many attorney's who specialized in community HOA law. I have not found this in Mississippi. I am in an area with few HOA's to begin with and it is difficult trying to find answers, which is how I stumbled upon this site---which I am immensely grateful for!
JohnO6
(Georgia)

Posts:424


01/05/2011 6:30 AM  
TinaD - Two thoughts here:

1). PattiB's original post was over 5 and 1/2 years ago. Hopefully she has resolved her issue in the intervening time.

2). While finding "someone" in Georgia to "enforce" violations attributable to HOA Boards is certainly not the case, the Boards themselves should understand the risk they are placing themselves in PERSONALLY when they knowingly, willfully, and in a premeditated way take actions that violate either the governing documents of their HOA or of state law.

Most HOAs are incorporated as non-profit corporatins in Georgia and are thus subject to Georgia Code, Title 14, Chapter 3.

Board members should recognize that any D&O Insurance will not protect them from willful acts of wrongdoing and they are personally liable for the outcome of any legal action brought against them as a result of their wrong doing.

I realize this may sound a little overly dramatic, but it's a real risk that should weigh heavy on them. If they aren't aware of it, perhaps someone should remind them of that possibility.
JohnO6
(Georgia)

Posts:424


01/05/2011 6:32 AM  
TinaD - Two thoughts here:

1). PattiB's original post was over 5 and 1/2 years ago. Hopefully she has resolved her issue in the intervening time.

2). While finding "someone" in Georgia to "enforce" violations attributable to HOA Boards is certainly not the case, the Boards themselves should understand the risk they are placing themselves in PERSONALLY when they knowingly, willfully, and in a premeditated way take actions that violate either the governing documents of their HOA or of state law.

Most HOAs are incorporated as non-profit corporatins in Georgia and are thus subject to Georgia Code, Title 14, Chapter 3.

Board members should recognize that any D&O Insurance will not protect them from willful acts of wrongdoing and they are personally liable for the outcome of any legal action brought against them as a result of their wrong doing.

I realize this may sound a little overly dramatic, but it's a real risk that should weigh heavy on them. If they aren't aware of it, perhaps someone should remind them of that possibility.
BillindaN
(Oklahoma)

Posts:1


05/02/2012 6:12 AM  
Being allowed to attend would be an honor! We are not even informed of any of the meetings, except the once a year...vote ON WHAT WE TELL YOU TO VOTE ON! 3 Board members rule everything, they meet "over their fences: to talk & make new rules the members NEVER hear about until they are enforced, Robert's Ruls of Order are foreign words to our directors. We should have 5 Directors, but after a few months of being under the contol of these three elderly women, the men that get on the Board, either die, have heart attacks, get cancer, or put their home up for sale and are never heard from again. Who in the State do we contact to get something done legally in this beautiful new Gated Community that is being run by the "will of petticoat junction?" HELP!!!!
TimB4
(Virginia)

Posts:9724


05/02/2012 10:45 AM  
Rather than reactivating an old thread, please respond to BillindaN on this thread:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/133415/view/topic/Default.aspx
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