CarolG7 (South Carolina)
Posts: 3
Posts: 3
Posted:
I live in SC. Is there any law stating how often an HOA must have meetings? Our HOA board has decided, without a vote, that they will only have meetings every other month. Is this allowed?
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meeting frequency
Started by CarolG7 • 12 replies • 3653 views
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TroyH (Texas)
Posts: 55
Posts: 55
Posted:
I'm not from SC, but from an outsiders view,,, is there a reason why they want to do it only every other month? I Maybe they are getting burnt out or there's unsufficient participation from the community? Personally, we only have one meeting a year. Granted, this is really only the first year we've had a community-run HOA. Up until last July, it was run by the developer. I would like to see our community have a meeting, whether it be in a formal or informal, one a month.
CarolG7 (South Carolina)
Posts: 3
Posts: 3
Posted:
Not many people attend our meetings anymore. They used to, when we had a board that cared.
TroyH (Texas)
Posts: 55
Posts: 55
Posted:
OK,, I'm going to be the devil's advocate here.... Why isn't there a board that cares? Is it the same group every year, no one runs against them or offers to relieve them in any form or fashion? I know from my own personal experience, I would wanna do it for a long time. But, at the same time, if I don't protect my interests, who will?
CarolG7 (South Carolina)
Posts: 3
Posts: 3
Posted:
In our case, it seems to always be people who have a "power" complex. This year our board cut off our lawn irrigation too early causing our lawns to die. It cost the homeowners a lot of money to replace their grass, but the members of the board don't care. Those who didn't replace their grass will undoubtedly get fined for having dead grass.
JeanI (Louisiana)
Posts: 112
Posts: 112
Posted:
Your bylaws should set out the required number of board meetings per year. JeanI
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Carol,
Are you talking General membership meetings or meetings of the Board of Directors?
Typically, the Association is required to have one General Membership meeting per year. This is when you vote for your directors. This requirement usually comes from the Associations Governing documents and the States corporation act (which would only apply if the Association is incorporated). Some States also list this requirement in their HOA/Condo laws.
How often the Board of Directors meet is typically determined by the Board and can change from board to board. My Association's board initially only met once a year prior to the Annual meeting. Then it moved to quarterly and until recently was meeting every other month and took the summer off. We are now meeting every month. Usually it depends on the amount of work that needs to be accomplished.
Tim
Are you talking General membership meetings or meetings of the Board of Directors?
Typically, the Association is required to have one General Membership meeting per year. This is when you vote for your directors. This requirement usually comes from the Associations Governing documents and the States corporation act (which would only apply if the Association is incorporated). Some States also list this requirement in their HOA/Condo laws.
How often the Board of Directors meet is typically determined by the Board and can change from board to board. My Association's board initially only met once a year prior to the Annual meeting. Then it moved to quarterly and until recently was meeting every other month and took the summer off. We are now meeting every month. Usually it depends on the amount of work that needs to be accomplished.
Tim
TroyH (Texas)
Posts: 55
Posts: 55
Posted:
Quote:
Posted By TimB4 on 06/22/2011 6:03 PM
Carol,
Are you talking General membership meetings or meetings of the Board of Directors?
Typically, the Association is required to have one General Membership meeting per year. This is when you vote for your directors. This requirement usually comes from the Associations Governing documents and the States corporation act (which would only apply if the Association is incorporated). Some States also list this requirement in their HOA/Condo laws.
How often the Board of Directors meet is typically determined by the Board and can change from board to board. My Association's board initially only met once a year prior to the Annual meeting. Then it moved to quarterly and until recently was meeting every other month and took the summer off. We are now meeting every month. Usually it depends on the amount of work that needs to be accomplished.
Tim
Carol,
Are you talking General membership meetings or meetings of the Board of Directors?
Typically, the Association is required to have one General Membership meeting per year. This is when you vote for your directors. This requirement usually comes from the Associations Governing documents and the States corporation act (which would only apply if the Association is incorporated). Some States also list this requirement in their HOA/Condo laws.
How often the Board of Directors meet is typically determined by the Board and can change from board to board. My Association's board initially only met once a year prior to the Annual meeting. Then it moved to quarterly and until recently was meeting every other month and took the summer off. We are now meeting every month. Usually it depends on the amount of work that needs to be accomplished.
Tim
Tim,,
During your monthly board meetings, is there an open invitation for any resident to attend? The reason I ask is I want all residents in the know about what's going on. Afterall, this is their community as well. I would also like a level of accountability for all. I don't ever want it to turn into a situation of HOA against residents. I would like it to be open to complaints about this or that, suggestions on improvements/newsletters, etc and general "keeping up on what's going on".
Or, has experience taught everyone that this would always turn into a whining party?
Right now, our young community only has the one annual community membership meeting. But, if I am placed on the board next month, I'd like to start monthly meetings/brainstorm sessions.........
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By TroyH on 06/23/2011 7:00 AM
Tim,,
During your monthly board meetings, is there an open invitation for any resident to attend? The reason I ask is I want all residents in the know about what's going on. Afterall, this is their community as well. I would also like a level of accountability for all. I don't ever want it to turn into a situation of HOA against residents. I would like it to be open to complaints about this or that, suggestions on improvements/newsletters, etc and general "keeping up on what's going on".
Or, has experience taught everyone that this would always turn into a whining party?
Right now, our young community only has the one annual community membership meeting. But, if I am placed on the board next month, I'd like to start monthly meetings/brainstorm sessions.........
Tim,,
During your monthly board meetings, is there an open invitation for any resident to attend? The reason I ask is I want all residents in the know about what's going on. Afterall, this is their community as well. I would also like a level of accountability for all. I don't ever want it to turn into a situation of HOA against residents. I would like it to be open to complaints about this or that, suggestions on improvements/newsletters, etc and general "keeping up on what's going on".
Or, has experience taught everyone that this would always turn into a whining party?
Right now, our young community only has the one annual community membership meeting. But, if I am placed on the board next month, I'd like to start monthly meetings/brainstorm sessions.........
Troy,
Our Association invites all members who desire to attend any Board meeting or Committee meeting. The dates of those meetings are published on our website and in our community newsletter. Anyone who attends may speak and is given a copy of all the documents being used.
In the past three years there has only been one person to take advantage of this. They attended one committee meeting and two Board meetings. Once they felt their issue was resolved they didn't bother attending any other meetings.
We only have an annual general membership meeting unless there is a specific issue that the membership must vote on that can't wait. To hold more of those meetings costs more money due to notice requirements, printing of meeting documents, use of a meeting facility. To get the word out we publish a newsletter and post meeting minutes on the Association website.
My experience has taught me that membership apathy keeps people from even looking at the available material unless they have a specific issue that affects them directly.
The old saying modified: You can give the membership information but you can't make them read it.
Tim
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Carol:
What do your by-laws state with regards to board member meetings? If your HOA is set up as non-profit corporation then the following is said statute and which in essence references the by-laws or the board with regards to regular meetings. If you are set up different than non-profit then please let us know. You are in South Carolina which at this time is unfortunately regulated by horizontal property codes and not under any “common interest ownership acts”.
MEETINGS AND ACTION OF THE BOARD
SECTION 33-31-820. Regular and special meetings.
(a) If the date, time, and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. All other meetings are special meetings.
(b) A board of directors may hold regular or special meetings in or out of this State.
(c) Unless the articles or bylaws provide otherwise, a board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may hear each other simultaneously during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.
In essence potentially if not stated in by-laws then board discretion could apply.
What do your by-laws state with regards to board member meetings? If your HOA is set up as non-profit corporation then the following is said statute and which in essence references the by-laws or the board with regards to regular meetings. If you are set up different than non-profit then please let us know. You are in South Carolina which at this time is unfortunately regulated by horizontal property codes and not under any “common interest ownership acts”.
MEETINGS AND ACTION OF THE BOARD
SECTION 33-31-820. Regular and special meetings.
(a) If the date, time, and place of a directors' meeting is fixed by the bylaws or the board, the meeting is a regular meeting. All other meetings are special meetings.
(b) A board of directors may hold regular or special meetings in or out of this State.
(c) Unless the articles or bylaws provide otherwise, a board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may hear each other simultaneously during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.
In essence potentially if not stated in by-laws then board discretion could apply.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Troy:
Have you checked your state statutes … in many states all board meetings must be open to the members. Per TX Non-Profit statutes the following would potentially apply as generally the HOA is set up as a non-profit corporation:
Sec. 22.156. NOTICE OF MEETING. (a) A corporation other than a church shall provide written notice of the place, date, and time of a meeting of the members of the corporation and, if the meeting is a special meeting, the purpose or purposes for which the meeting is called. The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting. Notice may be delivered personally or in accordance with Section 6.051(b).
LOL … while you hope there is no “pity parties” or “whining”, unfortunately that is not in any state statutes that I have yet to encounter as not being allowed.
Have you checked your state statutes … in many states all board meetings must be open to the members. Per TX Non-Profit statutes the following would potentially apply as generally the HOA is set up as a non-profit corporation:
Sec. 22.156. NOTICE OF MEETING. (a) A corporation other than a church shall provide written notice of the place, date, and time of a meeting of the members of the corporation and, if the meeting is a special meeting, the purpose or purposes for which the meeting is called. The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting. Notice may be delivered personally or in accordance with Section 6.051(b).
LOL … while you hope there is no “pity parties” or “whining”, unfortunately that is not in any state statutes that I have yet to encounter as not being allowed.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Janet,
I believe that the section of TX law you quoted about meeting notice only applies to meetings of the general membership. The following section applies to notice requirement for Board meetings:
§ 22.217. NOTICE OF MEETING; WAIVER OF NOTICE. (a)
Regular meetings of the board of directors of a corporation may be
held with or without notice as prescribed by the corporation's
bylaws.
(b) Special meetings of the board of directors shall be held
with notice as prescribed by the bylaws. Attendance of a director
at a meeting constitutes a waiver of notice, unless the director
attends a meeting for the express purpose of objecting to the
transaction of any business on the ground that the meeting is not
lawfully called or convened.
(c) Unless required by the bylaws, the business to be
transacted at, or the purpose of, a regular or special meeting of
the board of directors is not required to be specified in the notice
or waiver of notice of the meeting.
(d) Notice may be delivered personally or in accordance with
Section 6.051(b).
Tim
I believe that the section of TX law you quoted about meeting notice only applies to meetings of the general membership. The following section applies to notice requirement for Board meetings:
§ 22.217. NOTICE OF MEETING; WAIVER OF NOTICE. (a)
Regular meetings of the board of directors of a corporation may be
held with or without notice as prescribed by the corporation's
bylaws.
(b) Special meetings of the board of directors shall be held
with notice as prescribed by the bylaws. Attendance of a director
at a meeting constitutes a waiver of notice, unless the director
attends a meeting for the express purpose of objecting to the
transaction of any business on the ground that the meeting is not
lawfully called or convened.
(c) Unless required by the bylaws, the business to be
transacted at, or the purpose of, a regular or special meeting of
the board of directors is not required to be specified in the notice
or waiver of notice of the meeting.
(d) Notice may be delivered personally or in accordance with
Section 6.051(b).
Tim
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Tim:
Thank you so much for catching that ... I usually type posts in a Word document then paste to this website. I had both statute sections in the document when searching and deleted the wrong part before copying to the post. My bad …
I do not care much for TX statutes, if my husband ends up transferred to TX corporate office we will have to think long and hard about potential HOA home.
Thank you so much for catching that ... I usually type posts in a Word document then paste to this website. I had both statute sections in the document when searching and deleted the wrong part before copying to the post. My bad …
I do not care much for TX statutes, if my husband ends up transferred to TX corporate office we will have to think long and hard about potential HOA home.
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