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FM (California)
Posts: 3
Posted:
I like this site already with quick and resourceful responses!

I am new to the board and I have briefly read CC&R and Bylaws. Is there a place to find out what board members’ responsibilities?
I asked manager first and she told me “just to be nice”. I asked the other existing board member and I was told I don’t really have to do much unless there is complaints and just attend board meetings. I don’t feel comfortable with those answers. I read somewhere that board member will be offered training but I really doubt it will happen. Does anyone know where I can find the information?

Thank you!!
SusanW1 (Michigan)
Posts: 5,202
Posted:
Dont "briefly" read your documents - know them!

Also, if your meetings are run using some kind of parlimentary procedure (like Roberts Rules) get a book on how to run meetings.

Thoroughly know the committees and what their tasks are.

And talk to the members to see if they have any concerns.

At first, you may be quiet at meetings, but be willing to step up as an informed leader in the future.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Yes, your governing documents should give some thumbnail of what the responsibilities of the board members and the officers are.

BarbaraP3 (Maryland)
Posts: 90
Posted:
The attached documents have come in handy for me and our new BOD members regarding BOD responsibilities. Also check your State and County regulations. Perform a California search in this forum and you will come up with lots of information regarding California regulations. And of course your CCR's are the "bible" of the association and the by-law explain how the associaiton is run.

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RobertR1 (South Carolina)
Posts: 5,164
Posted:
Well FM,
You may not ike this too much but you sort of sound like this Board Business is some kind of a ten miuute a day job. It isn't and you will soon find out.

Tune in FM. Some have suggested reading your documents. They really really mean read your documents, then know your documents.

But I am not being rude or crude, just let's start with what you have obligated yourselve for. I would have hoped you would look this site over, maybe use the search feature. On the left side of this page as you scroll you will see some sponsors highlighted in yellow. One is CAN, Click on that and go to their site. Look it over, and select Library. You will find all kinds of useful information.

I would advise you spend considerable time reading and understanding. I would not be surprised to find you have a Board member or two that has some depth to their obligations.......some don't........many do.........most have learned as they go along.......nearly all were not worth much until they learned the job.

If you understand one thing, really understand it, you will save lots of time, energy and frustration. You responsibility is to the association......the total association. Not to the majority, not to the squeaky wheel but to that isoteric, amorphic entity we call association. That is your master and that is the master of every member of your organization, board or otherwise. Do nothing to harm the association.
RogerB (Colorado)
Posts: 5,067
Posted:
BarbaraP3, thanks for the attachments. I found them to be a good introduction for new Board members. Not taking minute of executive sessions is one item with which I agree and have posted previously. The Board can have their discussion in executive session then make motions and vote during the following open session.

"A common question is whether minutes should be taken of closed sessions. Since the general rule is
that all meetings of the board should be open to the members and the exception is to allow closed
sessions to discuss confidential or legally sensitive matters, it is my recommendation that no minutes
be taken of executive or closed sessions.

In an Illinois case, Wilstein, et. al. v. San Tropai, et. al., the Illinois Appellate Court held that minutes
of executive sessions are discoverable. Since the subject of the meeting is presumably confidential, the
minutes of such a meeting could be very damaging. Thus, if there are no minutes, the issue is moot."
MaryA1 (Arizona)
Posts: 7,043
Posted:
Roger,

With regard to taking minutes at a closed session of the board, that may depend upon what your state laws say. Some of the AZ statutes mention minutes taken in a closed session cannot be provided to a members if discussion is about one of the 4 reasons for allowing a closed session. AZ law does not prevent a BOD from taking action in a closed session; therefore if minutes are not taken there would be no assn record of those actions taken.

I wonder if the minutes of a closed session would be discoverable in a court case if the contents were confidential, as in client-attorney privilege.
RogerB (Colorado)
Posts: 5,067
Posted:
Mary, I agree that members are not provided with executive session minutes. However in the case quoted the minutes had to be made available in discovery. His point was that if there are no executive meeting minutes then none are available during discovery (which could be detrimental to the HOA). There are minutes which record rhe BOD's actions during the following regular BOD meeting. They should have no details on the discussion which occured in executive session.
GlenL (Ohio)
Posts: 5,491
Posted:
Roger, I can understand not wanting to leave a paper trail for someone to find but since proper minutes are simply a record of what happened not a transcript of what was said I don't see a lot of harm either way especially since the BOD usually goes back into regular afterward and reports what was done.

18:30hr The Board went into executive session to discus homeowner delinquencies.
18:45hr The Board returned from executive session and voted to file liens on all homeowner's that were three months delinquent.
18:50hr Mr.X made a motion to adjourn, seconded by MS Y motion carried.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Glen,

AZ does not require the BOD to go back into an open session to take action on an item discussed in a closed session. Actions can be taken and voted on in a closed session. The actions taken are not required by law to even be reported as being taken in an open session. That's why it is important to take minutes of closed sessions.

Speaking of my BOD, unless they are receiving info from our attorney which would fall under the client-attorney privilege (and perhaps not required to be disclosed under discovery), there is no info contained in the closed session minutes that would cause harm to the board. All the confidential info is contained in the various reports prepared by the PM and discussed by the board. The minutes only state: "Ms XYZ provided the collection report (compliance report; aged owner report; foreclosure report, etc.)for the board's review." "Motion by Ms ABC to write off the balance of Acct #123456 due to foreclosure. Motion carried 5-0." As you said, "proper minutes are simply a record of what happened not a transcript of what was said."
JosephW (Michigan)
Posts: 882
Posted:
Something new for California (and I'm not involved with it) "The Community Association Training Resource Center" (http://tcatrc.eleapcourses.com/) has online courses that look like they run $10+. I know most of the faculty and they know what they're doing, but learning online is something relatively new for this industry, so if anyone takes one of these courses, it might be worh posting here.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
MaryA1 (Arizona)
Posts: 7,043
Posted:
FM,

If the city in which you live has a neighborhood partnership office you may want to call them and ask about HOA training. Many of the cities here in the Phoenix area are now offering HOA training classes. Some offer them free of charge, others may charge a nominal fee. I attended the inaugural class offered by Glendale, AZ and it was very informative. You may be able to find out about additional resources by talking to a property management company or by calling an HOA attorney's office. Maybe googling "HOA training in CA" (state your city in CA) may bring you some results. And, of course, all of us on HOA talk are always available to you.
JudyrosellaE
Posts: 57
Posted:
Quote:
Posted By BarbaraP3 on 09/02/2009 6:15 PM
The attached documents have come in handy for me and our new BOD members regarding BOD responsibilities. Also check your State and County regulations. Perform a California search in this forum and you will come up with lots of information regarding California regulations. And of course your CCR's are the "bible" of the association and the by-law explain how the associaiton is run.


I'm in Illinois. But thanks SO MUCH for the attachments. I glanced through them but will devote more time to them.
Looks really helpful.
Thank you so much!

Judy
MichaelS56 (Minnesota)
Posts: 858
Posted:
Board members listen to the owner input. The read the contract and or bids that are before them and discuss the specs before voting, the board member knows the governing documents, the Rules and Regulations, the Board member remains active with the other member, so no one becomes too powerful, the Board member holds the Property Manager accountable to do their job, board members make sure that the Assocation payments to vendors are accurate and paid. The board member makes sure that all standards are followed such as Architectural and or Landscaping. There are other expectations, but this is a start.
SheliaH (Indiana)
Posts: 6,964
Posted:
Old post - please check the date of the original post. If it's several years old, you're better off starting a new conversation for more current information.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Judy, the tow publications DO look very useful especially since one is about Il. But they are very old and new IL legislation may override some of what you can see. So see if there are updated versions of them.

I do keep reminding you of the CAI resources Tim posted for you somewhere else.

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