Open/Closed Meetings

This is a followup to another post.

I am asking opinions.

I believe that all BOD Meetings (Executive Sessions later) should be open to any owner.

I believe there should be an open question/discussion session prior to the BOD Meeting. Limiting time is OK.

I believe once the BOD meeting is called into session, those not on the BOD cannot speak unless asked to do so by the BOD.

I believe there are valid reasons for Executive Sessions but their usage should be kept to a minimum.

Opinions, suggestions, pros and cons?

Thanks

John:

I happen to like Arizona's open meeting law, ARS 33-1804. It's too lengthy to quote the entire text but it can be found at http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01804.htm&Title=33&DocType=ARS.

Most relevant to your post is the section that allows members to
"speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member's designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue."

Larry

Thanks I read it.

Personally I do not like the part taht allows for member comment after each agenda item and before motions are made. The meeting could go on for ever...and ever.

In Cali, per Davis-Sterling, John, HOA Boards must adhere to all of your beliefs except that the time when non-directors may speak can be set by the board to occur at the Board's discretion. We have an open forum at the beginning of each open meetings and another at the end. Depending on the agenda item we also occasionally seek h'ownrs' input while we're conducting business.

Though I'm not as knowledgeable as Bruce is about Robert's, Brian, my impression has been that the point or order, etc. that you note are for members of the assembly, in this case the HOA board.

If it were a meeting of the Members, it would be a different matter. Correct me, though!

It seems that our differences may hinge on definitions... you say "members of the assembly" and limit it to the BOD. However, I feel the list is expansive, and that all who were duly invited to the meeting are members of the assembly (until they prove by behavior to not be). Only board members can introduce motions, for example, but I think it would be horrible to have a meeting where the forty people in the back row could not hear what was being discussed, and forbidden from telling anyone "Could you speak up please?" because they are forbidden a point of privilege. I also would hate to have a meeting where the BOD made a motion, and during discussion, came close to violating a law, and no one (not even the board's lawyer) could point out the soon to be error (after all, legal counsel is NOT a member of the BOD, simply an invited personage).

Does the property manager speak when not directly asked to?

I can agree, if by member (of the assembly) we restrict it to BOD members (a viable restriction). RRONR does say in strict parliamentarian fashion, no one not on a BOD or recognized by such may speak.

However, it also says "The meetings of different societies vary greatly, and they should be managed differently in order to obtain the best results. Some societies require a strict enforcement of parliamentary rules, while with others the best results will be obtained by being informal. It is important that the presiding officer have tact and common sense, especially with a very intelligent assembly."

And, I would think it a horribly fascist meeting where a person sitting calmly in the back was not given the opportunity to point out that the microphones weren't working, the overhead projector was on the blink, or that the agenda/minutes as distributed contained a glaring (or potentially worse) error or were not complete.

Bruce states exactly what I thought was correct, but Bruce does a much better job!

I think the confusion stems from the word "member." It is clear in RONR that members are those who are in the body that calls the meeting and makes decisions. At meetings of the board in HOA's, association members, i.e., owners, do not call board meetings. They may attend and per the board's preferences may participate when the board permits it. As you know, Brian, open forum for these Owners must be permitted in CA.

Our board has, indeed, taken comments from h'owners, e.g., recently the h'owners received an incorrect earlier version of the agenda at the door to the meeting. A h'owner raised his hand to point it out to us directors, and new copies were quickly made and distributed.

Also per Robert's, minutes may be corrected at any time once they've been approved by the board.

In reply to your question, Brian, the PM speaks when invited to do so by the meeting presider. There also is an agenda item in recent months about which she present an oral report near the beginning of our monthly board meetings. Our manager assistant also sits at the table with our board of 7. As our former onsite security staff sup., we occasionally seek his input.

I must say that, like John, I'm glad that we aren't required to allow h'owners to speak during deliberations as in AZ. Two older male h'owners attend every board meeting and would definitely speak during every deliberation. They like to hear themselves talk! As with John, our meetings would last for hours if those two plus others could speak during deliberations about very single agenda item. At our June board meeting, there were 10 agenda items that required board decisions (not including approval of the minutes). The meeting lasted 1hr. 40 minutes. At the open forum at the beginning of the meeting, two owners spoke in favor of an agenda item.

By the way, whenever I have a question concerning Roberts Rules I check out the Question and Answer forum on the Official Roberts Rules Website. Sometimes I can find the answer I am seeking among the questions that have already been posted. Sometimes I have posted my own questions. Often, the questions are answered by registered professional parliamentarians. It's definitely a good source.

The Q&A forum can be found at:

http://robertsrules.forumflash.com/