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KarenT (Washington)
Posts: 250
Posted:
Can I have some opinions on this please?

1) Our CCR's states - notices of meetings must have 10 days notice.
2) Our state law states - notices of meeting must be 14 days notice.
3) State law says in general under HOA laws "unless otherwise provided in the governing documents".....

Some of our members are adamant that it is 14 days and that the law "supersedes" the CCR's. I would agree except for the "unless otherwise provided.....

Also, if we are not having “official” BOD meetings but just the advisory committee meetings are we required to give 10 or 14 days notice to all members or just the committee members? This committee is just trying to put the association back in order, draft rules, new owner packet, etc…..

SheliaH (Indiana)
Posts: 6,964
Posted:
You may want to check with the Association attorney to be sure but it seems to me if the state law says "unless otherwise provided in the governing documents," your 10 day notice is sufficient. Ifyou meet at the same time every month (e.g. 2nd Tuesday of the month), why not list the schedule in the next newsletter, along with periodic reminders of when the Board meets? That should satisfy everyone.

In any event, I don't see anything that requires the committee meeting dates to be posted - the Board makes all the official decisions anyway, whereas the advisory committee is reviewing certain matters and reports to the board with its findings and recommendations. I would imagine such reports would then become part of the board meeting minutes.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GlenL (Ohio)
Posts: 5,491
Posted:
IMO the "unless otherwise provided in the governing documents" does not apply here,the notice requirement stands on its own. While it doesn't require notice of committee meetings directly it does require all meetings of the BOD to be open. This is IMHO another classic case of a poorly written law.

64.38.035
Association meetings — Notice — Board of directors.


(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.

(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 388
Posted:
Karen,

Only if a particular statute says "unless otherwise provided in the gov. docs" does that apply. Your state law posted by Glen does not say that so it does not apply. The state law is quite ambiguous in that it is not clear whether notice of all meetings of the assn is required as alluded to in subsection (1) or notice is only required for board meetings as stated in subsection (2). IMO, a board meeting and a committee meeting are not the same. Frankly it's my opinion that subsection (1) only applies to member meetings mainly because board meetings are addressed in subsection (2) and also because it says notice must be given not less than 14 or more than 60 days which is a standard notice requirement for annual meetings.

Now with regard to the notice requirements of your bylaws, whether notice of committee meetings is required depends upon exactly what is written in the bylaws.

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