GA; Do you send out your monthly BOD agenda to all members before the meetings?

BruceD1 (Georgia)
Posts: 59

Posted:

If so how many days before the meeting? Can we post the agenda on the private section of our website instead of emailing? Are we required by law in GA? If so can you provide a link? If not required, do you send your agenda to all your members?

We never have a homeowner/member so up to one of our meetings. Our meeting are posted n our website calender.
Thanks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bruce,

GA statutes are available through the LexisNexis website. This site uses a process that prevents direct links to the actual law. However, all the statutes may be reached through the link I provided. You will have to click the "ok" button and wait for the page to load. You may or may not see a message to load a plugin. This plugin is not required to view the statutes.

If your Association is incorporated as a nonprofit (most are) then Title 14, Chapter 3 would apply (open the menu tree to see the statutes).

If your in a condominium, Title 44, Chapter 3, Article 3 would apply.

If your in an HOA, Title 44, Chapter 3, Article 6 would apply.

Those laws that are applicable would be in addition to your own governing documents.

Notice requirements for general membership meetings can be found in the following sections:
§ 14-3-705 (Title 14, chapter 3, Article 7, section 705), applicable if incorporated
§ 44-3-102 applicable if a condominium
§ 44-3-230 applicable if not a condominium

Note: More than one statute and your governing documents may apply (example: Nonprofit corporation act, Property Owners act, your Bylaws and/or CC&Rs).

Notice requirements for Board meetings can be found in the following sections:
§ 14-3-822 applicable if Incorporated

I did not see anything in the condominium or property statutes that addressed notice for meetings of the Board. However, I suspect that an argument could be made that meetings of the association could include meetings of the Board. You will need to check with an attorney for clarification.

In my Association, we do not send an agenda of Board meetings to the membership. They are available to anyone (including non-board members) who attend the board meetings. We do send agendas to the membership of General membership meetings.

For Board meetings, we place notice of the meeting in our newsletter and on our website.
For General membership meetings, we place notice of the meeting in our newsletter, on our website and mail the notice to all members (We do not maintain e-mail addresses of members).

Hope this helps,

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

Bruce, As Time points out, you need to see what your state requires.

Here in Calif., which has very strict laws that make sure that HOA members are protected, there's no requirement to mail agendas to individual Members.

We do post agendas in our mailrooms and on our website 72-hours prior to our monthly open board meetings. We 200+ units and typically only 6-12 Members attend.