Powers of a Board of Directors of a Homeowners Assn

[Guest John Poulos]

Can a Board of Directors of a Homeowner's Assn. amend the by-laws to give them the authority (at their discretion)to allow or not allow discussion from the floor on a question upon which they are about to vote? This is not a closed meeting but one which is open to all members.

[Chris Harrison]

Can a Board of Directors of a Homeowner's Assn. amend the by-laws to give them the authority (at their discretion)to allow or not allow discussion from the floor on a question upon which they are about to vote? This is not a closed meeting but one which is open to all members.

The Board only has the powers that the bylaws give it. So the question is if the Board has the power (per the bylaws) to amend the bylaws?

[Kim Goldsworthy]

Can a Board of Directors of a Homeowner's Assn. amend the bylaws to give them the authority (at their discretion) to allow or not allow discussion from the floor on a question upon which they are about to vote?

No one can amend bylaws EXCEPT by following the method of amendment as spelled out in your bylaws.

So, if your board is so empowered, then answer is "yes."

So, if your board is NOT so empowered, then the answer is "no."

Q. Is your board empowered to amend your bylaws?

[Gerry4000]

Can a Board of Directors of a Homeowner's Assn. amend the by-laws to give them the authority (at their discretion)to allow or not allow discussion from the floor on a question upon which they are about to vote? This is not a closed meeting but one which is open to all members.

If this is a board meeting, then (unless the current bylaws so specify) the board may limit attendance and participation of association members (who are not board members) already. They may already have such power, if the meeting is a board meeting and "from the floor" means non-board members.