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MarcusB2 (Maryland)
Posts: 11

Posted:

We just transitioned from Developer control and I was elected as one of 5 Board Members. Maryland Condo Law states that Board meetings have to be open except when having an Executive Session etc. Is it ok to meet with the other Board Members to discuss or decide how we were going to conduct business; like using Roberts Rules, etc. or do we have to wait until the first board meeting to discuss these things in an open forum? I guess what I am trying to ask is if there was any way that board members can informally meet to discuss incidental things. Things that aren't motions I hope I am making sense; I am new to this.

JohnK11 (Minnesota)
Posts: 14

Posted:

An informal meeting is not a big deal. We call them workshops. No motions are made but we do discuss business in the way of preparing for the next formal meeting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Marcus,

An open meeting is not a big deal. It only means that the membership is invited to attend and observe. Typically, you might have 1 maybe 2 lots show up outside the board members. Most of the time no one outside of the Board shows up unless there is a hot topic being discussed.

The key point here is, the non-board members are there to observe. You should offer them an opportunity to speak to the board if they wish at a time of your choosing.

VA also has open meeting laws. Our Board typically sends e-mail around with proposals, etc. ahead of time. Not for discussion but to allow time for the members to read the material so the meeting time is more productive. We make note that the materials were sent via e-mail in the minutes. However, we always have printed copies of that material available for any non-board members who might attend the meeting (as they should get a copy of everything the board members get copies of).

Tim

MarcusB2 (Maryland)
Posts: 11

Posted:

Quote:

Posted By TimB4 on 12/16/2010 4:15 AM
Marcus,

An open meeting is not a big deal. It only means that the membership is invited to attend and observe. Typically, you might have 1 maybe 2 lots show up outside the board members. Most of the time no one outside of the Board shows up unless there is a hot topic being discussed.

The key point here is, the non-board members are there to observe. You should offer them an opportunity to speak to the board if they wish at a time of your choosing.

VA also has open meeting laws. Our Board typically sends e-mail around with proposals, etc. ahead of time. Not for discussion but to allow time for the members to read the material so the meeting time is more productive. We make note that the materials were sent via e-mail in the minutes. However, we always have printed copies of that material available for any non-board members who might attend the meeting (as they should get a copy of everything the board members get copies of).

Tim

Thanks Tim:

One more question. If we want to establish some rules on how to conduct business during board meetings i.e. being respectful of our board and hoa members, being honost, etc... Is that something that board Members can agree to or do we have to present this at the Board meeting and motion it for a vote? I am new to all of this and it is bit overwhleming.

LawrenceC1 (Georgia)
Posts: 480

Posted:

In their book "New Neighborhoods" by Gary and Ryan Poliakoff the authors write:

"A workshop meeting is a private board meeting where issues are discussed but decisions are not made. And they've become very, very common. In many states, they’re also very illegal."

and

“Any time a quorum of Directors discusses an issue related to the association, that discussion is considered a board meeting – and if that meeting was not noticed and open to owners, it was illegal.”

In general, association business can only be discussed at a duly convened and announced meeting of the Board. If Board members get together socially, they should not discuss association business.

MarcusB2 (Maryland)
Posts: 11

Posted:

Quote:

Posted By LawrenceC1 on 12/16/2010 5:54 AM
In their book "New Neighborhoods" by Gary and Ryan Poliakoff the authors write:

"A workshop meeting is a private board meeting where issues are discussed but decisions are not made. And they've become very, very common. In many states, they’re also very illegal."

and

“Any time a quorum of Directors discusses an issue related to the association, that discussion is considered a board meeting – and if that meeting was not noticed and open to owners, it was illegal.”

In general, association business can only be discussed at a duly convened and announced meeting of the Board. If Board members get together socially, they should not discuss association business.

Thanks Lawrence:

So what if board members talk via email? does that also apply? The Deleoper turned over the HOA to us this past meet. After the elecetions the Baord Members met just to pick positions, and we agreed to meet again next week to pick a time that normal board meetings will take place. From what I am reading from you, schedulign this meeting next week is wrong? What if we email or phone conference this info to each other?

LawrenceC1 (Georgia)
Posts: 480

Posted:

Most bylaws make provisions for an "Action Without A Formal Meeting" or "Waiver of Noting". These provisions apply whether you are talking about face-to-face meetings or virtual meetings via e-mail. You should read your Bylaws to understand the specific requirements.

You should also note that communication among board members via e-mail that deals with association business can be dangerous. Please read the article from "New England Condominium" about this at http://newenglandcondo.com/articles/50/1/Fast-Convenient-and-Possibly-Dangerous/Page1.html

TimB4 (Tennessee)
Posts: 21,059

Posted:

Marcus,

Speaking by e-mail is almost a necessity these days. The Board should make no decisions by e-mail except in an emergency (should we approve the contract to remove the tree that fell on someones house). Make note of anything in the minutes at the next meeting.

Example:

Prior to the meeting, Board members were provided draft copies of the proposal and asked to make comments. The following comments were voted on at this meeting: xyz

Approval was granted via e-mail to remove the tree that fell on lot 22 on mm/dd/yyyy. copies of the e-mail are attached.

Don't worry about the little type of things that will always happen:
Example:

To Treasurer - I need a check for $$ to send in with the annual report

To Secretary - do you have a copy of that proposal so I can look at it.

To all - I can't be at the meeting tomorrow, can we reschedule?

Just use some common sense and you should be fine. Try to avoid discussing issues outside of the meeting. If you get the idea that a lot of discussion will be needed on a topic, call a special board meeting for that issue alone (my BOD did this to discuss the our reserve study).

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MarcusB2 on 12/16/2010 5:49 AM

One more question. If we want to establish some rules on how to conduct business during board meetings i.e. being respectful of our board and hoa members, being honost, etc... Is that something that board Members can agree to or do we have to present this at the Board meeting and motion it for a vote? I am new to all of this and it is bit overwhleming.

This type of discussion and vote should be done in an open meeting.

MarcusB2 (Maryland)
Posts: 11

Posted:

Quote:

Posted By TimB4 on 12/16/2010 6:53 AM

Posted By MarcusB2 on 12/16/2010 5:49 AM

This type of discussion and vote should be done in an open meeting.

Thanks Tim and everyone for the info!

GlenL (Ohio)
Posts: 5,491

Posted:

Marcus, welcome to the often thankless task of helping your HOA grow. I would suggest that one of the first orders of business for your new Board in the new year be the start of a Policies and Procedures manual. It is better to figure out how you are going to respond to problems before they happen than react negatively when they do. Not only that but it helps future Boards deal with unexpected problems and provides consistency.

One of the first policies you need to put in place (if you don't already have one) is a collection policy for when homeowners do not pay their assessments. It needs to follow not only your CC&R's but any applicable state law on the matter (I would have an attorney review it) and given to all over the homeowners. Then comes the hard part - you need to follow it to prevent charges of selective enforcement.

For more polices you may need see: http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/81934/view/topic/Default.aspx

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