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ChadHammons Site Admin
Joined: 07 May 2008 Posts: 127
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Posted: Fri May 13, 2011 2:25 am Post subject: Board Meetings |
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Our bylaws, Article IV, Section 9 say that notice of all regular and special board of director meetings shall be posted in common areas at least 72 hours prior to the meeting, and that these meetings shall be open to all members.
The board has been meeting regularly for a while, but I haven't seen any of these notices.
Can the board please start posting notices, per our bylaws, for exactly when and where they will meet? I know in the past these meetings have changed last minute. Hopefully these postings will allow those homeowners to make it to the meetings, and will also remind people that they can come and address issues directly to the board at that time.
Of course, if I'm misinterpreting this part of the bylaws, let me know. |
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Rob
Joined: 06 Jul 2007 Posts: 155 Location: CV Section 1
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Posted: Fri May 13, 2011 12:32 pm Post subject: BOD Meetings |
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It is posted on this website (common area). _________________ Rob Nunez |
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stevehill
Joined: 14 May 2008 Posts: 9
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Posted: Fri May 13, 2011 1:25 pm Post subject: |
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Rob I don't believe that posting it here was the intent of this section of the bylaws. As we didn't have a website and there was no intention of having a website at the time they were written. I believe that intent was to have signs posted at the entrances. Also there have been many times when the meetings have change and/or cancelled without the rescheduled time being posted and meeting that 72 hour requirement. I know that this board doesn't like playing by the rules but lets at least pretend. |
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ChadHammons Site Admin
Joined: 07 May 2008 Posts: 127
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Posted: Fri May 13, 2011 2:15 pm Post subject: |
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Rob, Steve is correct. The website is not a "common area" as defined in the bylaws. The bylaws use Common Areas to define a set of physical properties and locations accessible by homeowners. The notice must be posted in those areas.
Posting them at the entrances to the subdivision would be an example of the common areas.
Also, it would mean committing to a time and place, and not changing it within 72 hours of the meeting. This would help eliminate the issue of meetings changing times/locations at the last minute.
I don't believe the board meetings are published on the website, and I know the changes aren't, either. I believe it would be useful to publish meeting times/locations here, but it would not satisfy the clause in the bylaws. |
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stevehill
Joined: 14 May 2008 Posts: 9
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Posted: Fri May 13, 2011 2:35 pm Post subject: |
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Can we also clarify what is open to be attended by the homeowners? The way I've read the bylaws is that the homeowners can attend the whole board meeting but can only participate in the open portion. I've been told by board members that this is not the case. |
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ChadHammons Site Admin
Joined: 07 May 2008 Posts: 127
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Posted: Fri May 13, 2011 3:23 pm Post subject: |
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I'm not on the board currently, but from my time on the board, and from what is in the bylaws, any homeowner is allowed to attend any regular or special meeting of the HOA board of directors. (Article IV, Section 9 & 10). However, homeowners are not guarenteed participation in the meetings. They may attend and listen, but may only participate if the board allows.
The board is welcome to post agreeance or a different interpretation if they have changed how they're interpreting it in the past year.
Of course, the board also makes frequent use of "executive session" where the board is allowed to exclude homeowners from meetings where it conducts business. Actually reading through the bylaws and the Articles of Incorporation for our HOA, there is no provision for this. I can't seem to find the HOA board's right to exclude members from business it conducts.
Maybe the board can shed some light on that? |
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stevehill
Joined: 14 May 2008 Posts: 9
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Posted: Fri May 13, 2011 3:39 pm Post subject: |
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That is exactly how I read it. I didn't read anything that allowed for "executive session" either. I'm not liking all of the behind closed door. discussions. Accountability can only happen when things are open for public scrutiny. I believe that a lot of what is and has happened wouldn't be going on if the homeowners were encouraged to be more involved. That isn't happening. |
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