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LisaL10 (California)
Posts: 21
Posted:
Could HOA have a hoa meeting without managment company present? What if the management companny cannot attend a meeting, can we still schedule a hoa special meeting? Is it okay to have a meeting without them as long as we, the board write down what we discuss? Of course, we will give homeowners a meeting notice 4 days before the meeting.

At the special meeting, we plan to appoint a new board member and disuss some construction issue.

I spoke with a management company today since we are shopping for new one. That person mentioned that we could not hold a meeting without MC, which is different from what I thought. And he said, it dependes on the contract with MC. So I want to clarify it.

Based on the contract, they shall attend up to 6 meeting per year.they are not obligated to attend meetings on weekend or holidays or for more than 2 hours at a single meeting.

Thank you so much.
GlenL (Ohio)
Posts: 5,491
Posted:
Yes you can hold a meeting without the MC. The contract language you posted says the MC SHALL attend six meetings a year, that is an obligation on the part of the MC not the HOA. Out of curiosity how many meetings do you hold a year?

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,062
Posted:
Lisa,

The management company works for the Board not the other way around.

Providing the Board has someone taking notes, signing members in (if a general membership meeting), verifies a quorum, etc. Then the Board may hold membership meetings or board meetings without the MC.

The MC does not vote. Therefore, other than being available to answer questions or perform tasks (like the ones in the previous paragraph) for the Board, they do not need to attend any meeting.

LisaL10 (California)
Posts: 21
Posted:
4 times. But this year I expect 6 times or more.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Lisa

If your association is controlled by the owners (not tce declarant) then the Management Company is hired by and can be fired by the BOD,

The Management Company works for the BOD and like any good employee they help, aid, input, etc. but when push comes to shove, they work for the BOD and do as the BOD tells them to do. Like any good employee if they feel they cannot do as told, then they resign.

In many cases the Management Company is portrayed as the heavy when they are doing as the BOD wants/told them to do. This is making them the whipping boy, not the BOD.

FredS7 (Arizona)
Posts: 927
Posted:
> That person mentioned that we could not hold a meeting without MC, which is different from what I thought.

You thought right. And you should remove this management company from the list of management companies you are considering. (Unless, that is, you misunderstood them).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Hate the no edit.

I say the BOD can hold all the meetings they want and no need to invite the management company unless they want to.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By LisaL10 on 10/25/2012 1:35 AM
I spoke with a management company today since we are shopping for new one. That person mentioned that we could not hold a meeting without MC, which is different from what I thought.

Lisa,

You have posted several threads where it has become crystal clear that your management company thinks they control you. Dump them ASAP. In the meantime, do not give them notice of any meetings. It's up to you what to do if they do show up uninvited, but if it was up to me I would show them to the door.

Just a wild guess, but is this the same management company that ran things when the developer was in charge?

Get your records from them and go find another management company.

BradP (Kansas)
Posts: 2,640
Posted:
Lisa

unless your contract with your MC says that no board meetings may be held without their attendance then yes you can go without them...
CarolR11 (Colorado)
Posts: 2,563
Posted:
Brad and others are right. But make sure you read your contract about that point.

The other thing is you need someone who can take meeting minutes. I fht MC minutes are OK, use them as a guide. Otherwise you can see a sample,I think, at davis-stirling.com

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