Prop Mgr Refusing to Add Items to HOA Agenda After Sent Out

I'm a long standing Board Member at a California HOA. I sent our Prop Mgr additional items to be placed on the annual HOA Agenda after it had already been sent out to home owners. (The first set of agenda items had been determined by one way email between one Board member and our Property Mgr. Other Board members were not CCd on the email nor did we ever give our approval etc. The first time I saw the agenda items on our annual HOA meeting was when I opened my mail the same day all other home owners received theirs). Now she's telling me that the Board needs to approve any items I place on the agenda! I requested these items be added to the agenda a full 8 days before the meeting. She said she had to get Board approval to send out a special mailing and revised agenda. I debated that and said per the Davis Stirling Act, any Board Director can add items to the agenda -- without or with - Board approval. She is still requesting full Board approval for a revised agenda and special mailing. She is saying that that code refers to future agendas (wouldn't a mtg occuring 8 days later be considered a future meeting?). I've always felt she was biased and simply looks for ways to support this Board members, but I think this clearly proves it. Am I correct? Thanks!

The President of the Board presides at the meetings and will generally be the individual who set the agenda, hopefully with input from their fellow Board members. The PM is wrong in that it doesn't take Board approval to get a topic on the agenda. If your item didn't get on the agenda, a little trick to use is have a fellow homeowner bring the topic up in open forum. What can't be done though is take action on the discussion.

We don't have a president -- all three Board members are equal. But regardless, I thought all Board members can equally add items on the agenda? The property manager sent out the initial agenda after hearing items from one Board member. When I then sent in my agenda items (8 days before the meeting), she said it was too late and would require all Board approval for a special mailing of the revised agenda etc. I think she's wrong and not knowing how to apply Davis Stirling.

Typically the annual meeting is for the purpose of providing reports to the membership, hold elections and hold votes on other issues before the whole membership (amendments to documents, budgets, etc.). There should also be time available for open discussion of issues the membership wants to bring up.

Items that only require board level approval should be held for discussion at the regular board meetings vs. discussing it at the annual meeting.
Per davis-stirling.com's annual meeting page:

Members may conduct any business at membership meetings which is legal and proper. However, not all business is proper because of the limited power of the membership. Moreover, any significant action taken by the membership must be voted on by secret written ballot, which requires the mailing of ballots to all members 30 days in advance of the meeting.

It appears that the issue you are having emanates from the one board member and not the property manager. If the property manager wants board approval before expending additional funds for printing and postage, call a meeting and bring it up to the Board. At this meeting you can also discuss the issue of the agenda being set without input from other board members. Perhaps even making a motion at the meeting to remove that member who set the agenda from office (not from the board) so this doesn't happen again in the future.

If you want to change management companies, perhaps you can chair a committee for bids on a new property management contract when the current one expires.

Since the OP referred to the meeting as the Annual Meeting, there are a couple of items to clarify. What gets on the agenda is purely based on politics. If you are a At-Large Director trying to make changes to the way business is conducted, you probably are not going to get cooperation from the powers to be.

Notice must be given at least 10 days prior to the meeting. It can be delivered in a number of ways, per Corp Code 7511(b). Business is limited to those items on the notice, as no other business may be transacted, Corp Code 7511(a). Remember, this is a "owners meeting", their one day, every year, to take action on their own.