Robert's Rules

Usually the Sec. and/or president formulate the agenda for the next meeting. (I don't know what you mean by "forms") or there is a boiler-plate agenda of items the board works through every meeting.

See your own documents for regulations on posting and/or sending to all HOA Members.

Often at the meeting, the president asks if there are any additions to the agenda and things can be placed under New Business - or if it's determined if the item needs a formal Notice to all HOA Members, that can get started.

Following Roberts Rules or any other kind of parliamentarian procedure is spelled out in the bylaws. There has to be some kind of order to the meeting, might as well pick one to follow.

As far as board members "meeting" - inform them that if they are discussing HOA business, then they need to do that at a duly called meeting, in front of ALL board members and the HOA members who wish to attend.

Hi PjW:

If I go to the below link and search for Robert’s Rules, nothing comes up.
http://leg1.state.va.us/000/src.htm

From what I see here a meeting may not be official unless notice has been given, or unless there is a potential emergency to be addressed:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-510.1

B. Notice of the time, date and place of each meeting of the board of directors or of any subcommittee or other committee thereof shall be published where it is reasonably calculated to be available to a majority of the lot owners.

Hi PjW:

Any ideas they come up with would need to be presented at a proper meeting and would not be official until properly voted. You may be surprised and maybe they have some really good ideas to help better track violations or to help the ACC. But … again they would need to be properly adopted by your board.

I have been working on some similar forms for our HOA and will forward to another member who used to be on a city council for input. We are not having secret meetings, we are coming up with a potential solution for potential issues and which would need to be presented and properly adopted after everyone reviews, discusses, votes, etc. They may or may not be adopted, someone may have other better ideas …

PjW,

There is no requirement in VA that requires boards use roberts rules of order. Any requirement of this type would be in your own governing documents.

If a majority of the board gets together and conducts business, this is a meeting of the Board. Notice requirements, etc. should be followed in order to comply with the law.

Per the Fairfax County Community Association Manual:

Some boards hold preliminary “working” sessions prior to the actual board meeting, particularly when there is substantial business to transact or when the issues to be addressed are complex or controversial. This gives board members an opportunity to discuss the agenda and time to obtain additional information to enable them to act efficiently on the matters in the upcoming meeting, but these too, must be open meetings. In 2000, the laws were amended to require a notice of the time, date, and place of each meeting be published where it is reasonably calculated to be seen by a majority of the members
(association newsletter, bulletin board, website, or e-mail).

Of course, there are speed limits established for the roads as well. This doesn't mean that everyone will follow them.

There is nothing wrong with creating forms. I have done the same thing on my own and presented it at the board meeting for a vote to adopt. If it's complicated, I would send it to the board members via e-mail prior to the meeting. I've found that these forms tend to help vs. hurt by standardizing the process.

Looking at it from the other side, this might be what they are thinking as well.

Are you upset at the forms themselves or the fact that you were not included in the process? Perhaps it's not following the procedural process that has you concerned.

If it is the process, I would recommend that you advise the other Board members that knowingly refusing to follow the law will result in the Associations insurance not covering the individual directors if any legal action is brought forward. Make sure it's in the minutes of the meeting. Additionally, you might want to move that the president be removed from office (not the board - as that can't be done without a recall) if he is unwilling to follow the law. It won't make you any friends on the Board, but it might get their attention.

Tim

Hi PjW:

I understand your frustration from other posts. Your HOA has had some recent issues, so there may be certain trust issues. Possibly when the items you mentioned are presented some may state that they are concerned that they knew nothing about anyone working on these items. Also, state that we would like to see our HOA form a “team” effort with regards to moving forward to a better future.

Sometimes not getting overly angry and just making certain small statements that make others think about their actions and how they may feel in a similar circumstance works better. It may take a couple of times, but generally deep down everyone usually has a good heart and wants what is best for their community, but they do not realize how their actions can hurt others.

Thanks again everyone for all the advice, I really appreciate having this place where I can throw a question out there and get some very sane answers that have an objective perspective

@Glen - there are things I can not say on an open message board so I try to give as much information yet still not get into areas that are private to our community - in others I'm trying to be as polite as I can be

I've been working on and off my HOA board for almost as long as I've lived in my communtiy so yes I do know that the management company works for the communtity.

My issue, and maybe I'm not stating it well, is that we have a 9 member board, 4 of those people are new and they are part of the majority group (in other words 5 of those people are friends). 3 of those people seemed to have held meetings to plan out forms and the majority's agenda without the knowledge of the 4 people in the minority who were not told about any of this planning but the majority was doing.

We have had our management company for more years then I have lived in the communtity- they already use forms for the items the majority wants and has had a pattern established for us for things like ARC, landscaping, parking and the like.

THe point is not that they think they have a better idea on how to do something its their bullying the minority, spending money we don't have AND not telling the whole board what they wanted to try. Its the lack of respect of others, its the emails that we get that are terse and agressive, its their attitiude. It's their refusal to correct things when it is pointed out that something is done incorrectly and illegal.

I doubt it would have been an issue if someone had just sent out a polite email to everyone saying - hey I have an idea for a new xyz do you mind if I type something up and bring it to the next meeting. I doubt anyone would have said no.

Do all commmunities have issues, yes. Not all people get along, that's life.

okay - not explaining myself well today - and I can't reveal anymore at this point in fear that one of the majority finds this site and my posts and uses it against me.

one point to make clear though is....

They, the people who are meeting and planning without knowledge of the whole board and community, are in the majority.

I am part of the minority and the old part of the board all of whom have been working with the PM to keep moving forward as much as we can with our regular stuff.

3 out of 9 is not a quorum and thus it was not a meeting, when 5 of them get together then that would be a meeting and subject to § 55-510.1. Meetings of the board of directors.