MC functions

Started by WilliamT • 7 replies • 1690 views

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WilliamT (Arizona)
Posts: 489

Posted:

1. Is it proper for a MC to act as chairperson and run the meetings for a Board of Directors?
It seems to me that the MC should be helping the board to learn how to run the meeting themselves, and that the MC running the meeting could be a conflict of interest.

2. Should the MC be up to date on state statues and case law regarding planned communities so as to advise the Board when they are doing something in conflict with those laws?

RogerB (Colorado)
Posts: 5,067

Posted:

William, the Board or the Chair can ask the Managing Agent to conduct the meeting. I think it is more advisable for the Agent to assist the President as necessary to learn how to Chair a meeting.

Managing Agents should be updated on state statutes and case law. But they need to be careful not to give legal advice. Please note the legal statement which qualifies each of my posts

WilliamT (Arizona)
Posts: 489

Posted:

Posted By RogerB on 05/29/2006 10:34 AM

Managing Agents should be updated on state statutes and case law. But they need to be careful not to give legal advice. Please note the legal statement which qualifies each of my posts

Thanks, I understand about not giving legal advice. What prompted the question is that (I'm a new board member) members of the board had been calling our entry gates "privacy" gates, stating that we could not use the word "security", or else we could be sued if a homeowner received injury or damage.

The MC never made any comments regarding these discussions. In studying the bylaws I discovered that the board is authorized to use any type of security they deem necessary including gates to restrict access, and the board is indemnified from any damages.

The MC is supposed to be familiar with our bylaws but never told the board that they were under a false assumption. I brought it to the boards attention after we had some vandalism and a homeowner asked for more security measures.

At a recent seminar I discovered that in 1997 the AZ Supreme Court made Case Law that requires HOA's to use reasonable care in providing security for all of the common areas.

It seems to me that the MC was negligent in their duty to advise the board that the board was not following the bylaws, and that there was a 1997 case law requiring the providing of security for common areas, and of course, that could have been followed up with advice to consult with an attorney to determine what we could do to make sure we were taking reasonable care to provide security.

Thanks,

ArtR (California)
Posts: 3

Posted:

one of the reason a management is hired is to help the board

operate legaly, I have heald this stated by two boards prior before hireing a management . Is this statement false ?

RogerB (Colorado)
Posts: 5,067

Posted:

Art, that should be one of the key things a Managing Agent does - keep the Board and Association out of legal trouble.

BrianB (California)
Posts: 2,820

Posted:

Ask your MC that if you switch to "privacy", can the HOA be sued by a homeowner who's rights to privacy are then violated?

If, for example, satellite photos or NSA wiretaps are executed and his privacy is invaded, could the HOA be sued because of the word "privacy gate"? Does that word denote a reasonable expectation of privacy? If a peeping tom peeks in his window, can the HOA be sued because you guaranteed his "privacy" with the gates of hte same name?

Perhaps you should ask the MC to suggest a name that is NOT litigible.

CharlesT (Florida)
Posts: 6

Posted:

Our documents in our Florida HOA states that the President shall chair all meetings. In his absence, the Vice President shall preside or any director can be named to chair the meeting.
Charlie Tiano

CharlesT (Florida)
Posts: 6

Posted:

Our documents in our Florida HOA states that the President shall chair all meetings. In his absence, the Vice President shall preside or any director can be named to chair the meeting.
Charlie Tiano

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