Guest Donne Griffiths Posted October 3, 2014 at 02:35 AM Report Share Posted October 3, 2014 at 02:35 AM We have a semi annual POA meeting this coming weekend. question; Is a POA members meeting controlled by the members or under full control of the BOD. We are being asked if any issues we wish to have aired need to be placed in writing and submitted to the BOD prior to the meeting to have consideration giving very little to no time to submit anything that need researching. 1: A few years ago the POA made a motion that passed to limit a board from spending no more than $5,000 per annul. They have ignored the vote and spend without consent of the members spending $10,000, $28,000 and $40,000 plus. 2: The BOD state as it was not filed at the courthouse the vote is meaningless. Is this true? 3: Does this mean that all votes by the members have to be filed at the courthouse to carry any wait? 4: How do the members control the BOD's spending? 5: Who sets the agenda for the POA meetings or is the agenda adopted/set at the start of the meeting or just before? 6: We have been told by one board member they the board do not have to answer to the members, is this true? 7: WE are but a small community of 75 lot owners now at each others throats our past 3 boards seem to ignore our meetings are controlled by ROBERTS RULE OF ORDER.We fear our right to having a say in the workings of our ranch is being eroded, is only voting our right and put up with what ever the board wishes to do, we are wishing for resolution to our problems without having attorneys involved. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted October 3, 2014 at 02:48 AM Report Share Posted October 3, 2014 at 02:48 AM Q. What do the letters "POA" stand for? Q. Do you have bylaws? Do the bylaws define a "board"? Do the bylaws empower the board? Link to comment Share on other sites More sharing options...
Timothy Posted October 3, 2014 at 02:52 AM Report Share Posted October 3, 2014 at 02:52 AM It depends on what your bylaws say (and perhaps state law, if someone thinks you have to file something at the courthouse), but as far as RONR is concerned, the board is subservient to the general membership, not the other way around. Link to comment Share on other sites More sharing options...
Richard Brown Posted October 3, 2014 at 02:53 AM Report Share Posted October 3, 2014 at 02:53 AM Q. What do the letters "POA" stand for? Q. Do you have bylaws? Do the bylaws define a "board"? Do the bylaws empower the board? First, I'm glad I'm not the only one who was wondering what a "POA" is!!! I think, though, that in this case it is a "property owners association". Second, I was wondering the same thing about whether they have bylaws and what those bylaws say. Donne, have you looked...carefully.... at your bylaws? I suspect that the answers to most of your questions will be contained in your bylaws. Edited to add: Timothy Fish summed up the situation with Robert's Rules pretty well in his answer above. I also agree that state law may dictate some provisions. For example, I know at least one state, and maybe others, requires that bylaw amendments be filed with the land records at the courthouse. But, I doubt that everything the association adopts has to be filed. Link to comment Share on other sites More sharing options...
Guest Guest Posted October 3, 2014 at 03:02 AM Report Share Posted October 3, 2014 at 03:02 AM Yes we have standard Covenants Bylaws and restrictions. I served 2 terms as President we had none of the issues as we allowed the "Property Owners Association" members to direct us to their wishes. We worked within the Bylaws to for-fill those wishes.We are a non-profit association in the State of Texas.I was under the same understanding that the board is subservient to its members.The Bylaws state the Board is to manage ranch affairs and conduct ranch business, it was the wishes of thew members to place a restraint on the amount of monies spent on any given project. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted October 3, 2014 at 07:58 AM Report Share Posted October 3, 2014 at 07:58 AM Q0. Is a POA members meeting controlled by the members or under full control of the BOD? Q1: A few years ago the POA made a motion that passed to limit a board from spending no more than $5,000 per annul. They have ignored the vote and spend without consent of the members spending $10,000, $28,000 and $40,000 plus. Q2: The BOD state as it was not filed at the courthouse the vote is meaningless. Is this true? Q3: Does this mean that all votes by the members have to be filed at the courthouse to carry any wait? Q4: How do the members control the BOD's spending? Q5: Who sets the agenda for the POA meetings or is the agenda adopted/set at the start of the meeting or just before? Q6: We have been told by one board member they the board do not have to answer to the members, is this true?A0.) This is a legal question. Consult a Texas attorney. A1.) (No answer necessary, as no question is asked.) A2.) This is a legal question. Consult a Texas attorney. A3.) This is a legal question. Consult a Texas attorney. A4.) This is a legal question. Consult a Texas attorney. A5.) This is a legal question. Consult a Texas attorney. A6.) This is a legal question. Consult a Texas attorney. Since the laws of the State of Texas are controlling a HOA (home-owners association), then no parliamentary rule from Robert's Rules of Order will likely apply, or if it does apply, its application will be crippled or modified by your state's laws. In many states, the members of a CID (common interest development) are helpless creatures, able to(a.) elect its board; and(b.) amend its bylaws;and NOTHING ELSE. I don't know about the great state of Texas.Thus my caution. Q. Do you have a question about Robert's Rules of Order where you don't care if the answer won't apply to a POA due to state law trumping the plain application of Robert's Rules of Order? Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 3, 2014 at 11:58 AM Report Share Posted October 3, 2014 at 11:58 AM question; Is a POA members meeting controlled by the members or under full control of the BOD. As noted, your rules and applicable laws may say otherwise but . . . As far as RONR is concerned, the board can only act as a board at a board meeting. Therefore the board won't be present, as a board, at a meeting of the general membership of the association. Link to comment Share on other sites More sharing options...
Timothy Posted October 3, 2014 at 12:02 PM Report Share Posted October 3, 2014 at 12:02 PM Q0. Is a POA members meeting controlled by the members or under full control of the BOD?A0.) This is a legal question. Consult a Texas attorney. Q1: A few years ago the POA made a motion that passed to limit a board from spending no more than $5,000 per annul. They have ignored the vote and spend without consent of the members spending $10,000, $28,000 and $40,000 plus.A1.) (No answer necessary, as no question is asked.) Q2: The BOD state as it was not filed at the courthouse the vote is meaningless. Is this true?A2.) This is a legal question. Consult a Texas attorney. Q3: Does this mean that all votes by the members have to be filed at the courthouse to carry any wait?A3.) This is a legal question. Consult a Texas attorney. Q4: How do the members control the BOD's spending?A4.) This is a legal question. Consult a Texas attorney. Q5: Who sets the agenda for the POA meetings or is the agenda adopted/set at the start of the meeting or just before?A5.) This is a legal question. Consult a Texas attorney. Q6: We have been told by one board member they the board do not have to answer to the members, is this true?A6.) This is a legal question. Consult a Texas attorney. Since the laws of the State of Texas are controlling a HOA (home-owners association), then no parliamentary rule from Robert's Rules of Order will likely apply, or if it does apply, its application will be crippled or modified by your state's laws. In many states, the members of a CID (common interest development) are helpless creatures, able to(a.) elect its board; and(b.) amend its bylaws;and NOTHING ELSE. I don't know about the great state of Texas.Thus my caution. Q. Do you have a question about Robert's Rules of Order where you don't care if the answer won't apply to a POA due to state law trumping the plain application of Robert's Rules of Order? R0: Since this is about the meeting, this seems to be something that RONR would deal with rather than Texas Chapter 209. Obviously, the board can't control the meeting because the board isn't meeting. The president of the association (who is likely the president of the board) is presiding, but it is the members of the association who control what goes on during the meeting. R1: Why bother with it if it is just information? R2: I agree this is a legal question. R3: If Q2 is a legal question, then Q3 must be also. But if it is determined that RONR applies here, then the answer is no. R4: How these can be done may be a legal question, but options include electing ethical board members, and amending the bylaws or other "dedicatory instruments." R5: Again, more related to RONR than legal. The people authorized to vote at a meeting set the agenda. If it is a board meeting, the members of the board set it. If it is a meeting of the general membership, then the general membership sets it. R6: That is partly a legal question, but it depends on what is considered not answering to. If the board is elected by the membership, they answer to the membership, even if the membership has no means of overruling them other than electing someone else. Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 3, 2014 at 12:15 PM Report Share Posted October 3, 2014 at 12:15 PM Please keep in mind that this forum is not the place to discuss whether or not any particular question is governed by applicable law, or what that law may be. We can explain what the rules in RONR say, and we can point out that, if any applicable law conflicts with a rule in RONR, applicable law is controlling, but that's as far as we can go. Link to comment Share on other sites More sharing options...
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