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Subject: Meeting without Property Manager attending
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Author Messages
BruceF1
(Connecticut)

Posts:1510


12/23/2008 8:15 AM  
Posted By RobertR1 on 12/23/2008 8:01 AM
Ok folks,
What about this?

Is there a difference between a Board Meeting and an Annual Owners Meeting?


I recall this question in this forum from several months ago.

Yes, I think there is a difference. I would expect that the governing documents for the association would define what that difference is. At least, in our HOA, they are different. One simple way to tell is to look at the quorum requirements for each. At a board meeting you need (usually) a majority of the board to be present to conduct business. At an annual owners meeting the quorum is a percentage of the homeowners that must be present (either in person, or in some cases, by proxy). At a board meeting, homeowners cannot vote, can they?.
RobertR1
(South Carolina)

Posts:5164


12/23/2008 9:06 AM  
Bruce,
I agree and normally Boards vote at Board meeting, but now you have added a new dimension and brought up Special Meetings.

The question still remains for all meetings. Can management be excluded and I say..............absolutly and contracts between Board and management can not over ride this right to be heard by you peers.
BruceF1
(Connecticut)

Posts:1510


12/23/2008 9:43 AM  
Posted By RobertR1 on 12/23/2008 9:06 AM
Bruce,
I agree and normally Boards vote at Board meeting, but now you have added a new dimension and brought up Special Meetings.

The question still remains for all meetings. Can management be excluded and I say..............absolutly and contracts between Board and management can not over ride this right to be heard by you peers.


Roger,

Please read my post again. Where in that post did I say anything about Special Meetings? Where did I say anything about a homeowner's annual meeting? Please quote that section back to me so I can explain it, because I don't see it there. Maybe you're thinking of someone else's post? I referred to BOARD meetings and I mentioned homeowners only because according to Florida law homeowners can attend board meetings. Is that not a correct statement?

For the most part, we don't disagree, so I can't see what all the fuss is about. We may not match exactly because you have your opinion and I have mine. What's wrong with that?
BruceF1
(Connecticut)

Posts:1510


12/23/2008 9:58 AM  
Sorry Roger. Can you tell I'm getting frustrated?

My previous response was in response to Robert.
SusannaM
(Florida)

Posts:366


12/23/2008 11:53 AM  
I can only attest to FL. Whenever there is a quorum of the board, homeowners have the right to attend. Quarterly or monthly Board/HOA meetings are at the discretion of the board. FL Statutes mandates at least ONE annual meeting. I've heard that at annual meetings a board quorum is not required since all are just homeowners, expect for Presiding Officer (s). Presiding Officers not need to be homeowners. Not all annual meetings have elections attached to it. If there is an election a quorum of the membership is required. This quorum is established based on percentage stated in Bylaws or FL Statutes. Special meetings of the membership are ususally called for matters related to amending Covenants, levying special assessments, or "emergency" matters that may require membership presence. Boards can also have "emergency" meetings, specially when a hurricane is coming to prepare a contingency plan in case everything is disrupted.
SusannaM
(Florida)

Posts:366


12/23/2008 12:16 PM  
Sorry, I thought I was posting to a different thread....Can't believe this one is still going on strong.....
MaryA1


Posts:0


12/23/2008 1:45 PM  
Posted By RobertR1 on 12/23/2008 8:01 AM
Ok folks,
What about this?

Is there a difference between a Board Meeting and an Annual Owners Meeting?


\

Robert,

Yes, there's a big difference. A board meeting is a meeting of the board of directors. Although members may be permitted to attend, and perhaps even speak, they do not vote on any issues brought up. Board meetings are held so the BOD can conduct the business of the association.

An annual owners' meeting is held usually for the main purpose of electing members to the BOD. Any issues brought up requiring a vote are voted on by all the members in attendance. Members can make motions also. It's the members' meeting!

RobertR1
(South Carolina)

Posts:5164


12/23/2008 2:20 PM  
To Susanne, Mary, Bruce.

My post was to answer the OP. I have in my opinion. I don't have any problem with the different kinds of meetings, I know the differences. My post was to point out there were differences and may not be covered with any blanket statement other than the owner has a right to be heard by his peers, in any kind of meeting. Even if it was a special meeting about firing the P/M the owner still retains his right and he has to be given the right to be heard by his peers exclusively. I don't see any problem with that. If a Board member is so inapt, and I am not suggesting they are, then he really is not entitled to have his hand held at an owners meeting.

That's it for me. I find all of you just fancinating with your ability to articulate your thoughts. at my age it is a great challenge to cross swords with any and all of you. I surely gain from our contact. I even am thinking of a debate with my spouse and maybe I can win one.............but Nah!!!!!!!!!!!!!!!!!
SusannaM
(Florida)

Posts:366


12/23/2008 2:48 PM  
All, if you want to preserve any credibility at all you ALL have to let this one go.....It's getting to the point of being pathetic.
MicheleD
(Kentucky)

Posts:4491


12/23/2008 7:05 PM  
Credibility??

OOOHH!!


Credibility!


I have that on my list to Santa. Here's hoping he gives me some this year. . . .
AlexL1
(Florida)

Posts:295


12/23/2008 7:10 PM  
I sincerely hope you all forgive me for having asked the question in the first place. It was so long ago that I actually forgot what it was
MicheleD
(Kentucky)

Posts:4491


12/23/2008 7:31 PM  
Posted By AlexL1 on 12/23/2008 7:10 PM
I sincerely hope you all forgive me for having asked the question in the first place. It was so long ago that I actually forgot what it was





No problem.

But truthfully??

It is probably a question that should be posed to your own board instead of a group of disparate people from around the country who have no intimate knowledge of what is going on in your HOA.

Take any question you have, any one at all, and the best we could provide in advice to any of them is:

It Depends. . . .


Because any situation depends so much on your own organizations governing documents, the governing and controlling statutes in your locale, and, when involving third parties, any and all governing documents covering that relationship (such as any contracts with them).

I think you know in your gut that you CAN have a meeting without them in order to discuss them. It's just that you might have been looking for some concrete quotable text that you could show to the rest of the board and say, "See, not only can we do this, but we probably should" and we just can't provide that to you. Sorry.

What it sounds like you need to do is to run a little PR campaign behind the scenes and get some board members on your side so that it's easier to push through (I mean, present to) the rest of the board.

That is a slow process, though. But in the meantime, it will enable you to gather more fodder for your position.
MicheleD
(Kentucky)

Posts:4491


12/23/2008 7:32 PM  
Keep in mind, though, regarding the above: I still haven't gotten my credibility from Santa yet. . . and given the state of the economy, I may not get it this year at all. . .
MaryA1


Posts:0


12/24/2008 3:00 AM  
Posted By RobertR1 on 12/23/2008 2:20 PM
To Susanne, Mary, Bruce.

My post was to answer the OP. I have in my opinion. I don't have any problem with the different kinds of meetings, I know the differences. My post was to point out there were differences and may not be covered with any blanket statement other than the owner has a right to be heard by his peers, in any kind of meeting. Even if it was a special meeting about firing the P/M the owner still retains his right and he has to be given the right to be heard by his peers exclusively. I don't see any problem with that. If a Board member is so inapt, and I am not suggesting they are, then he really is not entitled to have his hand held at an owners meeting.

That's it for me. I find all of you just fancinating with your ability to articulate your thoughts. at my age it is a great challenge to cross swords with any and all of you. I surely gain from our contact. I even am thinking of a debate with my spouse and maybe I can win one.............but Nah!!!!!!!!!!!!!!!!!




Robert,

I agree with your statement: ". . .the owner has a right to be heard by his peers, in any kind of meeting.", except that I would say "SHOULD have the right". But one thing you should keep in mind is that not all states have open meeting laws which give the owner the right to attend board meetings. But, even some states that do may not go as far as AZ does in stating they DO have a right to speak at a board meeting. So, even though you think they "have a right to be heard", doesn't mean they "legally" have to. Of course, I'm speaking of board meetings. Meetings of the members is a whole different ballgame.

My apologies to everyone responding to this thread for the off-topic comments.
Guess I need Santa to bring me some credibility too. LOL
MaryA1


Posts:0


12/24/2008 3:07 AM  
Posted By SusannaM on 12/23/2008 2:48 PM
All, if you want to preserve any credibility at all you ALL have to let this one go.....It's getting to the point of being pathetic.




Susanna,

I agree some threads don't seem to want to die. But calling the ongoing dialogue pathetic might be going a bit far; but of course you are entitled to your opinion. However, when a thread gets to the "PP" (pathetic post) stage you are free to not read it any longer. ;-)
SusannaM
(Florida)

Posts:366


12/24/2008 4:43 AM  
All, sorry for the poor choice of word.....You are right, I don't have to read if I don't want to. I just forgot to uncheck the email me box.
You are not authorized to post a reply.
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Forums > Homeowner Association > HOA Discussions > Meeting without Property Manager attending



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