What constitutes an illegal meeting?

Started by FionaC • 10 replies • 4620 views

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FionaC (California)
Posts: 212

Posted:

What would constitute an illegal meeting?

We had a group of homeowners who got together to speak to each other regarding a pending HOA membership vote. They were discussing everything from the item itself and reasons to vote no on it to seeking clarification of the item itself.

This was an open gathering, no agenda. no notes were taken and not votes were to be cast, yet our HOA President came down and made a spectacle of herself claiming the gathering was an illegal meeting NO board members were present by the way.

What consitutes an illegal meeting. I am a bit embarrassed by the conduct of our president. She threatend to have our management company be notified and contact the people there!

I am not even going to speak to her about this until our next meeting. It's not becoming of a threat to our community.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Fiona,

Per Davis Stirling.com:

Not all gatherings of directors are automatically deemed "meetings" of the board. Board meetings are defined by the Davis-Stirling Act as a gathering of a majority of directors at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session. Civil Code §1363.05(k).

Therefore, if there were a quorum of Directors present then it would be considered a "meeting" vs. a social gathering. If you want to confront your President on it, I would suggest that you point her to the Davis-Stirling website.

Tim

FionaC (California)
Posts: 212

Posted:

Thank you, I didn't think this was a meeting. But the president was acting on her own on this one. She is showing signs of being off kilter. hence my idea of recall election questions.

You ALL are most helpful.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Homeowners can meet whenever and wherever they wish to do so and speak about any topic of their choosing. As long as there is not a quorum of board members present it is not a meeting of the board.

The president of your HOA is a real idiot! (I'm sure she thinks that statement is illegal, also. I'll leave my front light on so the police can find my home easier.)

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By LarryB13 on 09/27/2011 10:16 PM
Homeowners can meet whenever and wherever they wish to do so and speak about any topic of their choosing.

Yep. They sure can.

MikeV (New Mexico)
Posts: 31

Posted:

Fiona,

No worries . . . the meeting was perfectly legitimate and by no means illegal. As previously mentioned, homeowners can gather whenever and wherever they want and discuss anything. It's the number of Board Members present that would be cause for questioning the meeting's legitimacy/legality.

If nothing else, your Board President just provided all of the homeowners in attendance at that meeting great reason to follow through on plans to oust her from office. It's Board Members like that which give HOAs and HOA Boards a bad name. Good luck!

BradP (Kansas)
Posts: 2,640

Posted:

Wow, if your president thinks that anytime two neighbors get together and discuss/complain about the HOA that it is an illegal meeting then they would happen almost daily in a lot of associations.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Fiona, don't you & other owners have enough clout with the board to ask them to remove her from the office of President? All it takes is for a majority of the board to kick her out of the office. Sure, she'd still be on the board, but would have less, uh, authority.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Since the board did NOT call this meeting, it doesn't even matter if the board members attended. The were regular homeowners there.

It was not an official meeting of the HOA - just some residents gathering together for discussion. No business was conducted and even if the group came to a consensus about what issues to bring in front of the board, the gathering was not a meeting.

Inform your prez. . . .

MichaelK11 (Texas)
Posts: 432

Posted:

I have not read the David Stirling Act (and won't take the time to do so from Texas), but I cannot believe it reasonable or constitutional to legislate against any group of people meeting at any time (planned, noticed or otherwise) and discussing whatever they please.

Perhaps it legislates against taking any action for an Association at such a gathering, or against taking action at a proper meeting of the Board based on such prior discussions without properly noticing or discussing such matters with the entire Board or those in attendance at the Board meeting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MichaelK11 on 09/28/2011 6:50 PM

Perhaps it legislates against taking any action for an Association at such a gathering, or against taking action at a proper meeting of the Board based on such prior discussions without properly noticing or discussing such matters with the entire Board or those in attendance at the Board meeting.

Michael,

That is basically what it does.

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