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Working Meetings by the Board


Guest Karla

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My HOA has quarterly board meetings which are properly announced and the agenda published.  However, they have recently started have "Working Meetings" monthly at one of the board members home.  On our website, these meeting dates/times are published and says that owners may attend but only as observers.  So, several of us decided to attend the one scheduled last Friday and found that it was being conducted just as a board meeting with the board voting on issues.  This was not an executive session.  They have had several of these meetings with the logic that they are trying to save our association money by not having to rent a conference room.  I am very concerned and want to know how to convince them that this is improper.  Help!

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My HOA has quarterly board meetings which are properly announced and the agenda published.  However, they have recently started have "Working Meetings" monthly at one of the board members home.  On our website, these meeting dates/times are published and says that owners may attend but only as observers.  So, several of us decided to attend the one scheduled last Friday and found that it was being conducted just as a board meeting with the board voting on issues.  This was not an executive session.  They have had several of these meetings with the logic that they are trying to save our association money by not having to rent a conference room.  I am very concerned and want to know how to convince them that this is improper.  Help!

 

What rule are they violating?

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I am very concerned and want to know how to convince them that this is improper.

 

If your bylaws provide for special (i.e. non-regular) meetings of the board, and if the required notice is given, they may not be improper.

 

RONR doesn't differentiate between "working" and "non-working" meetings, only between regular and special (i.e. "called") meetings.

 

And the fact that the meeting wasn't held in executive session is immaterial.

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My concern is that these are not advertised as board meetings when there is no difference.  The agenda for this meeting was not posted prior.  Items were:

ARC revised guidelines, legal fees to cover a request from an owner regarding the sports center, scope of work for landscaping, upcoming elections.  Our board meetings are heavily attended by owners; however, owners have not been attending these meetings since they were called "working meetings" and we now feel as though this is not in good faith with open meetings. But, this is okay?

 

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I think the problem is that it appears there may not always be a proper notice of a call of a special meeting and no specific statement of the business to be discussed at some of these meetings, especially the most recent one.   If that is what is happening, any votes the body takes at such a meeting are illegal and null and void.  But, since guest Karla is not a member of the board, she does not have the right to officially raise a point of order at one of these "working meetings", but she can still object to whatever extent she can get people to listen and at the next meeting of the members she can raise a point of order that all motions adopted at those improperly held "working meetings" are null and void.

 

And she can read chapter XX in RONR re discipline and removing people from office.

 

And she should also read the provisions on properly calling a special meeting on pages 91-93 of RONR and what can and cannot be done at such a meeting.  Posting or not posting an agenda is not the issue.  Providing proper notice in the call of the meeting of the business to be discussed is the issue....and whether the call is in other ways correct.

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I think the problem is that it appears there may not always be a proper notice of a call of a special meeting and no specific statement of the business to be discussed at some of these meetings, especially the most recent one.

 

Perhaps, though if the only regular meetings are quarterly, the bylaws (or some law regarding HOAs) might provide for additional meetings without requiring the specificity of notice that RONR requires for special meetings. Guest Karla would do well to check the bylaws.

 

But my speculate-o-meter is in the red zone.

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My concern is that these are not advertised as board meetings when there is no difference.  The agenda for this meeting was not posted prior.  Items were:

ARC revised guidelines, legal fees to cover a request from an owner regarding the sports center, scope of work for landscaping, upcoming elections.  Our board meetings are heavily attended by owners; however, owners have not been attending these meetings since they were called "working meetings" and we now feel as though this is not in good faith with open meetings. But, this is okay?

 

Nothing in RONR requires that the members of the HOA be notified of the meetings of the board or that they be permitted to attend such meetings. It's possible that your organization's bylaws or procedural rules in applicable law provide otherwise.

 

I think the problem is that it appears there may not always be a proper notice of a call of a special meeting and no specific statement of the business to be discussed at some of these meetings, especially the most recent one.

 

Well, maybe, but it seems to me that the OP's concern is that the members of the society are not informed of these board meetings, and this isn't required for a proper call of a board meeting under the rules in RONR. I'm not sure these even are special meetings - they may be additional regular meetings, and the board members may have been properly notified of them.

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Karla, I suggest that you check the laws in your state and your HOA's bylaws with regard to meeting post requirements for HOA Board meetings.  I understand, however, that such laws are outside the scope of this forum.  In California where I live, California Civil Code requires HOA Boards to post the agenda of a Board meeting four days prior to the meeting.  It sounds like your Board's "working" meetings that they are holding in some Board Member's home are no different than the quarterly meetings held elsewhere and would be subject to such a law.

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