Guest John Roselle Posted July 10, 2018 at 01:06 PM Report Share Posted July 10, 2018 at 01:06 PM Our HOA By-Laws state that the Board of Directors may hire a management company and raise dues without a vote of the membership. At the 2017 Annual Meeting the Board said they would investigate possible management companies, report back to the membership and put any action up for a vote of the members. They have since had a meeting with management companies, not disclosed any minutes of that meeting, hired a management company and raised dues, claiming the By-Laws allow that action. Question: does their communication at the Annual Meeting saying they would put it up for a vote supersede the By-Laws? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted July 10, 2018 at 01:14 PM Report Share Posted July 10, 2018 at 01:14 PM No. Quote Link to comment Share on other sites More sharing options...
Guest John Roselle Posted July 10, 2018 at 01:18 PM Report Share Posted July 10, 2018 at 01:18 PM OK. So if the By-Laws require minutes of every Board Meeting be distributed within 30 days after such meetings, is the Board in violation of the By-Laws by not having published any minutes of their meeting with management companies? Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted July 10, 2018 at 01:30 PM Report Share Posted July 10, 2018 at 01:30 PM 10 minutes ago, Guest John Roselle said: OK. So if the By-Laws require minutes of every Board Meeting be distributed within 30 days after such meetings, is the Board in violation of the By-Laws by not having published any minutes of their meeting with management companies? Maybe. "Board Meeting" here would seem to mean a meeting of the board - i.e. one at which business may be conducted. "Meeting with management companies," on the other hand, sounds like talking to company representatives and exchanging information, and so wouldn't be covered - and wouldn't be expected to have minutes at all. However, one would think (although I'd need to know more about your rules to be sure) that the decision to hire one would need to be made at a meeting able to conduct business, so the minutes of that meeting would, so far as I know, be subject to the rule in question. But that's as much as I can say since I haven't seen the actual language, or the rest of your bylaws. Quote Link to comment Share on other sites More sharing options...
Guest John Roselle Posted July 10, 2018 at 01:45 PM Report Share Posted July 10, 2018 at 01:45 PM Thanks. Quote Link to comment Share on other sites More sharing options...
Guest John Roselle Posted July 10, 2018 at 01:45 PM Report Share Posted July 10, 2018 at 01:45 PM Thanks. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted July 10, 2018 at 06:51 PM Report Share Posted July 10, 2018 at 06:51 PM 5 hours ago, Guest John Roselle said: OK. So if the By-Laws require minutes of every Board Meeting be distributed within 30 days after such meetings, is the Board in violation of the By-Laws by not having published any minutes of their meeting with management companies? The board is possibly in violation of the bylaws, but that does not, in and of itself, cause the board's actions in meeting with management companies, voting to select one, and raising your dues to become null and void. It would, however, give rise to possible disciplinary action against the responsible board members (such as the secretary) for failing to make the relevant documents available. Quote Link to comment Share on other sites More sharing options...
Guest John Roselle Posted July 11, 2018 at 04:06 PM Report Share Posted July 11, 2018 at 04:06 PM Makes sense. The intent of raising the question is to let the Board know that their communications have been less than expected. Quote Link to comment Share on other sites More sharing options...
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