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Subject: Board members Meeting
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Author Messages
SashaE1


Posts:106


02/20/2021 8:51 PM  
What are the requirements in Monterey California for holding a meeting outside of regular monthly board meetings to discuss a legal issue with a PM? The MC handles all this but this needs to be an Executive Session because it deals with a PM and the MC won’t be part of planning this meeting.
TimB4
(Virginia)

Posts:17439


02/20/2021 9:06 PM  
Here is the link to executive sessions on the davis-stirling site.
SashaE1


Posts:106


02/20/2021 9:23 PM  
Posted By TimB4 on 02/20/2021 9:06 PM
Here is the link to executive sessions on the davis-stirling site.



Thanks. We read that but it says we need this for the notice: Notice must be posted in a prominent place or places in the common areas and by mail to any owner who had requested notice by mail (at the address requested by the owner). The PM is the one who posts the notice of the management company website and also emails it to everyone. We don’t have access to the MC website to do this. Also, .how do we know which homeowners have requested by mail at the address requested by the owner? As for the minutes, the website says this: Boards must keep minutes of their executive session meetings and generally note their sessions in the minutes of the next open meeting of the board. How can we generally note this session in the next open meeting without the MC company being aware we had this meeting since they are the ones who create our agendas, post notices, mail out notices, write minutes, post minutes on their MC website that we don’t have access too. We are over 390+ units and to mail this out to each person would be costly. And again many of these are renters so we can’t go hand deliver them. There’s had to be a simple way for the board to meet to discuss this legal issue involving the PM???!!
TimB4
(Virginia)

Posts:17439


02/20/2021 9:31 PM  
Unfortunately, these are things that happen when Boards allow the MC/PM to have too much control outside of the Boards access.


Suggestion is a costly one: Mail the notice to all members. Probably $1 to $1.50 per lot/unit
SashaE1


Posts:106


02/20/2021 9:40 PM  
oh I agree that the MC shouldn’t have this much control but that’s way before our time on the board. Even to follow that costly
suggestion wouldn’t be possible as we don’t have the addresses of the homeowners. If we mail them out to the 390+ units here, many of them would go to the renters living there and not the homeowners whom we don’t know the mailing addresses for. I think there must be some simple way around this.
ClareL
(California)

Posts:25


02/20/2021 10:07 PM  
I am understanding your situation. Are you trying to have this meeting without the the PM or MC knowing?

If not, the MC can add the executive session to the regular board meeting agenda.
SashaE1


Posts:106


02/20/2021 10:48 PM  
Yes that’s correct Clare
TimB4
(Virginia)

Posts:17439


02/20/2021 10:51 PM  
I don't know why the Secretary or Treasurer doesn't have a full membership list.

Doesn't matter if the PM/MC was keeping the records, the Officers should have some basic facts at their fingertips.

Since your board doesn't seem to have basic information or access, my suggestion would be to simply tell the MC to add an executive session to the next agenda.
When the executive session portion of the meeting occurs, ask the PM to leave the meeting.

That simple.
SashaE1


Posts:106


02/21/2021 1:15 AM  
Yup I agree. Both of us ladies are new on the board and pretty much the MC controls everything!! Your suggestion is perfect. One question though, the PM attends every executive session, creates the agenda and the minutes to later post on the MC website for the homeowners plus lately they’ve been providing the Skype software to hold the meetings so again they control everything. how do you suggest based on how they do things here with the MC, that we can add that to the executive session with sending the agenda notice to all homeowners and then meeting the minutes that the board later has to approve at the next open meeting without the management knowing about this meeting? That’s where we’re stuck. Based on the Davis Stirling ACT link we read it says we have to follow all that. Again the “all that” is done all by the MC. This is the link: https://www.davis-stirling.com/HOME/Executive-Session-Meetings and from Notice to Members up to Minutes. Do you you see a simple way around to meet that requirement based on the MC having full control of everything lol ????
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