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FrankD (Arizona)
Posts: 10
Posted:
Hello all,
As the subject line of this posting states our HOA president is refusing to accept proposed amendments to our By-Laws that would require the Board to open ALL meeting unless specifically required to be closed by statute.

I gave a copy of the proposed resolutions to the Board secretary (She agrees with the proposed amendments) who attempted to give copy to the President, he refused to even touch the papers.

Now my question is..

Can the Board President decide by HIMSELF not to present these proposals to the full board?
and

How can I force these proposed resolutions before the board for a vote?

I look forward to all your comments and suggestions.
RogerB (Colorado)
Posts: 5,067
Posted:
Frank, does the Board approve amendments to your by-laws or do the members? If the Board is charged with amending the by-laws he should but is not obligated to make this proposal to the Board. However, any Board member could make the motion or the motion can be made by a member at a member's meeting.
FrankD (Arizona)
Posts: 10
Posted:
Roger,
Thanks for your ideas.
Our By-Laws are currently vague on the subject (we're trying to get them changed but, can't get the President to accept our proposals)
Circular logic.....
As I stated in my original posting, the Secretary also tridto bring thiese resolutions before the board since I as a "non-board member" could not.
The president still refused to bring the resolutions before the board even after another board member (secretary) "sponsored" the resolutions.
RogerB (Colorado)
Posts: 5,067
Posted:
Frank, all the secretary needs to do is make a motion and get a second. Then there must be a vote. If the President interfers call for a "point of order". The President has no authority and must call the "question" (take a vote). If they still refuse the Board can be removed from the President from the Chair and the VP takes the Chair conducts the vote.
RogerB (Colorado)
Posts: 5,067
Posted:
OOPS Lets try the last sentence again since my brain and fingers were obviously out of synch. I meant:

If the President still refuses the Board can be removed from the Chair (or from office) and the VP takes the Chair conducts the vote.
RogerB (Colorado)
Posts: 5,067
Posted:
I give up, one more time

If the President still refuses to call for a vote on the motion the Board can remove the President from the Chair (or from office) in which case the VP takes the Chair conducts the vote.
FrankD (Arizona)
Posts: 10
Posted:
Thank you VERY much Roger,
This answers a lot of questions but, I don't think our VP will 'step up to the plate'.
I'm going to speak to our MC's "Community Manager", show her this post and see if she'll advise our President to take these proposals under advisement.
I look forward to your input on my next post "Returning Power to the HOA"
Thank you again.
JohnM3 (Florida)
Posts: 288
Posted:
What state are you in and what do your docs state
It is next to impossible to change our docs it requires 90 percent vote to change them.
But our operateing and ARC is changed all the time.
Thats the key find out what your docs say and then use them to do what you need to do
MikeS1
Posts: 668
Posted:
Roger, RE: Sunshine Laws (Open Meetings) - We're in Virginia and this has been a hot topic in our community for last couple of years. Both our attorney and MC both advocate that all the HOA meetings not only be open, but the members must receive adequate notice of the meetings as well. Although I don't really think that Virginia has adopted Sunshine laws as yet, aren't many states (IE Florida, and Missouri) moving in that direction. Our attorney and MC seem to be influenced by this movement in other states.

In addition, just because the meetings are open, doesn't mean that the members are invited to partipate. We leave a 30 minute session at the end where they can make their comments. We stress that this 30 minute segment at the end, should be a forum for complaints and that all complaints should be put in writing to the Board. Do you have any more insight on Sunshine laws? Are more states adopting the Sunshine laws and are they having an infuence on states that have not yet adopted these laws?
MikeS1
Posts: 668
Posted:
Correction from last paragraph - Meant to say "Should NOT be a forum for complaints".
RogerB (Colorado)
Posts: 5,067
Posted:
Mike, as a reference to convince your Board to have open meeting you can refer to Colorado's Common Interest Ownership Act. Last year SB-100 was passed that requires Board meetings to be open (except during executive sessions), meeting notices to be posted in advance, and owners be allowed the opportunity to speak. However, during the 'business' portion of the meeting I do not think owners should be including in the discussions except in a rare ocassion when an indidivual has expertise which is solicited by the Board.

If I'm not mistaken, I believe someone from Arizona also posted they have a similar law.

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