MC running BOD meetings

Started by JamesC • 10 replies • 1614 views

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JamesC (Maryland)
Posts: 282

Posted:

I am one of nine board members in a 167 upscale Townhome Community located in Maryland.
Since I was voted on the board in May, of last year I have had problems with the MC representative virtually controlling our board meetings.
We hold our meetings on the third Tuesday, of every month between 7:30 P.M. to 9:30 P.M. She has stated on numerous occasions that her schedule does not permit her to spend more time then what we have scheduled. She has requested on several occasions that we schedule our meetings at an earlier time.
During the meetings, she constantly tells us to move along as we are spending too much time on this issue or another.
At our request she has scheduled our attorney to come to the Feb. meeting to address the issue of deliquent homeowners on their assessement fees.
She has told us he will not be taking any questions from the floor, and any questions would have to be emailed to her, so they can be reviewed beforehand.
He is being paid (extra) for his time from the association fees, so I feel he should address any issue presented at the time by any homeowner, without going through the management company.
Our president does not get involved, and yes! I know we should dump him, but no one else wants the position.
Tried to keep this brief, but wanted to make the point.
The question I ask is, if this is typical of many HOA's?
Does the MC Representative have to stay for our entire meeting or can she just leave after submitting her report?
The older board members said this is how it has always been done.

Thanks:
Jim

MikeS1
Posts: 668

Posted:

It's unfortunate that the President can't run his own meeting. This sounds a little unusual in itself. Our PM tries to only interceed when necessary. Homeowners are not invited to partipate during the Board Meeting and usually get 3 minutes to make general comments during a 30 minute period at the end. It's not usually Q&A. I don't think that really is a good format for Q&A OR complaints. These really should be put in writing and sent to the PM. Board Meetings can become too long, so you need to have a short discussion on each issue, create an action plan, set a time frame for the action plain, and then defer decision pending more research, or vote on the issue. Stick to the agenda and move on. We used to have 3 hour Board meetings... No more.

HaroldS (Arizona)
Posts: 906

Posted:

Jim - we had an MC who wanted to control our meetings. She is no longer with us. We had an MC who told us "I don't get paid to do that," when requested she stager her inspection rounds. She is no longer with us. The point being: The MC is your employee. So is the attorney. Why are yours running the show? Because your entire board is allowing it. If you have 9 members, it's more than just the president's inaction. Harold

RogerB (Colorado)
Posts: 5,067

Posted:

James, no it is not typical for a Managing Agent to control your Board. The Managing Agent is hired help. Their job is to do whatever the Management Agreement states which may include whatever the Board wants them to do that is legal and safe. It is the President's job to run meetings and the Board's job to govern and make decisions.

I don't know if your post is exaggerating; or if the Managing Agent is way overbearing; or if your Board members don't understand their duties and responsibilities. Or perhaps some of each? One important function a Managing Agent can perform is to provide continuity from one Board to the next. But what you describe is unbelievable to me.

The Board decides the when, where, and time duration of Board meetings. The President should Chair most meetings unless the Board agrees they want the Managing Agent to assume the Chair.

The Board decides if they want the Managing Agent present and for how long. And the Board decides whether or not the Managing Agent may stay after giving their management report and answering any questions.

The Board decides if they want an attorney to attend and the Board members decide if they want to ask the attorney questions. You are right on about the attorney - they are paid help as is the Managing Agent.

PatrickH (California)
Posts: 204

Posted:

Hi Jim,

Don't know about the other folks on this site, by my Board has never had an ending time for the Board meetings. They always start at the same time, but they end whenever we are finished.

Some meetings would only be 45 minutes long if there were no major issues to work on, some would be over two hours if we had a lot to work on.

To have a scheduled ending time for the meeting doesn't seem to make sense if you have issues to work on, especially if you have nine Board members to discuss the issues. That's a lot of voices and a lot of opinions!

JamesC (Maryland)
Posts: 282

Posted:

Thanks for the quick responses;
We allow thirty minutes at the beginning of the meetings for homeowners to address their concerns.
In November, we had four homeowners come before the board to address some flooding issues due to some storm drains being clogged. They incurred several hundred thousand dollars (combined) to their homes as one had eight foot of water in her basement.
When the MC representative told them they would have to cut off their discussion because we had to move on with other business I thought they were going to hang her.(They were mad at all of us, but because she appeared to be in control, they went after her) They eventually had their way and were given more time.
This was a special circumstance where they should have been given as much time as possible to vent their anger.
However! even after their departure she keep saying we must move on from one discussion to another. She informed us we would have to omit some other topics that were scheduled because of the time constraints.
Roger: Believe me their is no exaggeration on my post and the only thing I can't understand is how this has been allowed to go on for so long.
I am the newest member on the board, but two of the older ones said they were never able to change this because the man who used to be the rep was even more controlling then this new lady.

Again thanks:
Jim

MikeS1
Posts: 668

Posted:

I don't want to fly off on a tangent, but doesn't the local municipality (county, town, etc) maintain the storm drains? Why are they complaining to the Board.

WilliamT (Arizona)
Posts: 489

Posted:

Posted By PatrickH on 01/31/2007 8:53 AM

... To have a scheduled ending time for the meeting doesn't seem to make sense if you have issues to work on, especially if you have nine Board members to discuss the issues. That's a lot of voices and a lot of opinions!

My opinion is that no board meeting should go over 2 hours. The reason is that people get tired and lose interest. Any homeowner members attending may decide do not attend more meetings.

Our meetings are scheduled for 90 minutes. The agenda has an alloted time beside each item, with the anticipated time that the the item will start and finish. It's only a guideline, but everyone can see if we're ahead and behind, so that when the chair states that we need to move on, people can see that on the agenda.

We have 20 minutes as a home owner forum as the last item on the agenda. If they need a little more time to address some issues, we do allow that, because they have waited until the end. They are last because many times the questions they have will be covered during the business portion of the minutes. So it saves duplication.

About one week prior to each meeting, Board members receive a board pac with the agenda and copies of all motions, contracts, proposals, or what ever they will need to discuss.

They are supposed to read these items, and ask some clarification questions prior to the meeting.

The committee(s) will have gotton proposals, etc and make recommendations.

There is no need to drag out discussions on items at the meeting. Each board member should have the opportunity to speak on each issue at least twice. If it gets into a round table discussion, them time is just wasting. Once everyone has had the opportunity to speak twice for a reasonable amount of time, the chair person should remind the members that it's time to move on, and (assuming a motion is being discussed) ask if there is any objection to taking a vote now. Without any objection then you have a unanimous decision to call the question (take the vote).

If they are not ready to vote and the chair feels time is just wasting, then a motion can be made to either table the issue or to postpone till the next meeting.

There are so many times when people get off subject, interrupt others, get into several conversations at one time, and nothing gets done. It's the chair person's job to control this.

When people become accustomed to the meeting being controlled properly, they will be more prepared (by reading the documents at home), and will not waste so much time going back and forth in endless discussion.

Remember there is no need to debate until everyone agrees because that usually doesn't happen anyway. Everyone needs to express their opinion and get questions answered, and then vote and move on to the next item.

JamesC (Maryland)
Posts: 282

Posted:

MikeS1

We are a private community. The drains begin on our property, but exits out into the Chesapeake Bay drainage system.
At the beginning (on our property) is where they were clogged. Aabout four years ago the board had grates installed over the fronts due to concerns that children might become stuck in them.
We receive nothing from county or state governments.
Much to the opposition of the MC rep we did remove the grates.
I brought up at the Dec meeting that since she did not reside in our community, and the homeowners property had priority that they should be removed.
She did object but, the board did win one.
After reading the posts I am going to address her authority at the Feb meeting. Most they can do is kick me off the board.
Heck! I might win another one.
Jim.

MikeS1
Posts: 668

Posted:

Hmmm. IN No.Va, our storm drains go are all on common areas, but there are explicit easements and Fairfax county maintains the storm drains. We're also in a critical wetlands area, so the County installed restricter plates in the outfall discharge drain in the storm water management ponds, so that it would restrict trash and restrict the flow rate. Sometimes it restricts the trash too well and then the restricter is totally clogged. Also our neighboring community put grates over the storm drain catch basin intake so the trash doesn't even get into these drains. I'd like for our community to follow suit on this. Good luck to you!

MikeS1
Posts: 668

Posted:

Nice Post, William! I think that you covered it all.

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