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Subject: HOA Meeting Agenda out of Order?
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Author Messages
AdamL1
(Idaho)

Posts:122


08/19/2021 8:19 AM  
Question about this. Our HOA uses Robert's Rules and also has a section in the bylaws that discuss Order of Business
Section 3.7. Order of Business. The order of business at all meetings shall be
as follows: (a) roll call to determine the voting power represented at the meeting; (b)
proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding
meeting; (d) reports of officers; (e) reports of committees; (f) election of Directors; (g)
unfinished business; and (h) new business. Meetings shall be conducted by the
officers of the Corporation in order of their priority.

This seems quite clear, however, our upcoming agenda is placing Elections at the very end, after everything else. Personally, I believe that the current Board is trying to ram through some changes and votes before they get voted out of office.

Thoughts on this? How can I bring this up at the meeting?
AugustinD


Posts:1937


08/19/2021 9:03 AM  
Posted By AdamL1 on 08/19/2021 8:19 AM
Our HOA uses Robert's Rules
Respectfully, I think you should know by now to quote the sections of the Bylaws that say Robert's Rules are required.

Do the Bylaws require Robert's Rules?

If not, then Robert's Rules are only a guideline.
AdamL1
(Idaho)

Posts:122


08/19/2021 9:14 AM  
Posted By AugustinD on 08/19/2021 9:03 AM
Posted By AdamL1 on 08/19/2021 8:19 AM
Our HOA uses Robert's Rules
Respectfully, I think you should know by now to quote the sections of the Bylaws that say Robert's Rules are required.

Do the Bylaws require Robert's Rules?

If not, then Robert's Rules are only a guideline.





sigh.
Bylaws, Section 3.2. Place of Meetings.
Meetings of the Corporation shall be held on
the Property or such other suitable place as close to the Property as practicable in
Ada County as may be designated by the Board of Directors, and shall be conducted
in accordance with Robert’s Rules of Order.
AugustinD


Posts:1937


08/19/2021 9:20 AM  
Posted By AdamL1 on 08/19/2021 9:14 AM

Bylaws, Section 3.2. Place of Meetings.
Meetings of the Corporation shall be held on
the Property or such other suitable place as close to the Property as practicable in
Ada County as may be designated by the Board of Directors, and shall be conducted
in accordance with Robert’s Rules of Order.
Pardon my mistake in seeing the Bylaws themselves set the order, as you kindly quoted.

In advance, you should submit a complaint about violating the Bylaws, sent certified mail et cetera.

At the meeting, you should raise a "point of order," and put your objection about violating the bylaws regarding order of business on the record. Say you object to the order. Unfortunately this choice might result in the meeting being adjourned to a later date, with no election.

AdamL1
(Idaho)

Posts:122


08/19/2021 9:31 AM  
So what happens if the agenda order is not changed? Is the meeting and any votes invalid?

What happens if they decide to adjust the order on the fly to the proper order? is the meeting invalid because now there's not proper notice of the correct agenda?
AugustinD


Posts:1937


08/19/2021 9:50 AM  
You need an attorney.
MaxB4
(California)

Posts:1614


08/19/2021 9:59 AM  
Adam

The wording of the Bylaws in regards to Roberts Rule of Order is for Membership Meetings, not Board Meetings.

What you described, Elections at the end and Board trying to ram through everything before they leave office, is a Board meeting.

Boards do not conduct business at a Membership meeting, only Members do.
BillH10
(Texas)

Posts:786


08/19/2021 2:54 PM  
It has always been my experience in situations in which elections are held and new (directors/officers/Grand Viziers/or whatever) are elected, the incumbents remain in office until the adjournment of, in this case, an annual/homeowners meeting of the Association.



ChadH3
(Alabama)

Posts:50


08/20/2021 7:12 AM  
It would be very odd for the newly elected Board to assume their roles immediately while the meeting is still in progress, so the agenda order for the purpose you're bringing up really isn't relevant. Technically speaking, yes, the election should occur earlier on the agenda but the current Board would still be in place until that meeting is adjourned. Say your President is the chair of the meeting (which is generally the case), he or she isn't going to switch out mid-meeting with someone else if he or she isn't re-elected.

Also, not sure what they'd ram through at an annual meeting that wouldn't require a vote of all members that they couldn't call a special Board meeting for prior to push through. Hard to know without seeing your association's bylaws though.
AdamL1
(Idaho)

Posts:122


08/20/2021 10:49 AM  
Well, I sent them an email pointing out the agenda order, so they just moved everything to "reports by the committees" and used that time to slander, campaign, and smear all the new nominees.

so frustrating.
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