Prez Abusing Her Authority?

Started by CarolR11 • 11 replies • 1970 views

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CarolR11 (Colorado)
Posts: 2,563

Posted:

I've served on our board of 7 for 6 years and the President and PM coordinate the agendas for our board meetings. No requested agenda items ever have been kept off the agenda during that time no matter how trivial or controversial.

Now, our new president has kept one of my items off the agenda and it's an important and carefully-researched budget item. She gave the PM no explanation. Our bylaws give the president no such authority. How do other boards/presidents handle this?

There are a couple of folks who contribute to this site who're very familiar with Robert's Rules. What does it say ? Are there other good sources for me to look at? Thanks!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

So you are not (as in no longer, you gave it up) member of the BOD and you are requesting an item be put on the agenda for discussion. Do I have this right?

GlenL (Ohio)
Posts: 5,491

Posted:

Carole does your agenda item meet any of the exceptions to the agenda rule listed on D-S.com? For instance if the budget is being discussed them any budget item could be discussed.

Board members and their agents (including managers) may briefly respond to statements or questions from association members, ask clarifying questions, make brief announcements, or make brief reports on their own activities.

Boards may refer certain informational matters and administrative tasks to its managers, agents and staff--even if these items were not listed on the agenda.

Any subject may be discussed and acted upon if there is an emergency, if immediate action is needed on a matter which arose after the agenda was distributed, or if the item was on a recent agenda and was continued to the current meeting.

Does it qualify for an emergency meeting which you and a second Board member could call?

Have you asked the President why she removed the item? Would your fellow Board members be willing to set a policy on how items are added to or removed from the agenda?

And finally you as a homeowner if you could get 5% of your fellow homeowners to agree it is important could call a special meeting with it as the sole agenda item

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

oops then not them.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

I apologize, Glen & John, for not making it clearer that I still serve on the board (thought my use of "I've" showed that I still am a director).

Glen, davis-stirling.com, as I'm in CA, is my go-to site for all kinds of questions I have. But my budget item is not an emergency. It's really complicated though and the president doesn't understand the issues that're embedded in it.

My main question is: do presidents in your HOAs have the authority to keep items off of regular meeting agendas? If so, why do they have this authority?

FredB4 (Ohio)
Posts: 375

Posted:

Is she researching the item further ? Doesn't have time to bring it up at the next meeting due to the "complicated" nature of the item ? Are there more important isues that need to be handled at the next meeting ? Are you upset that you are no longer president and not looking at the issue objectively ? I think you certainly have the right to bring up items for the agenda but perhaps not the right to dictate when the item is handled.

GlenL (Ohio)
Posts: 5,491

Posted:

I know this is a silly question but have you asked her why she pulled the item from the agenda? It would save a LOT of speculation. As to your question on whether or not she has the power to remove items from the agenda, this is from davis-stirling.com:

Setting the Agenda
QUESTION: Who sets the agenda for board meetings? I'm concerned the board president may prevent discussion of needed items by refusing to put them on the agenda.

ANSWER: When it comes to setting board meeting agendas, all directors have a right to bring business before the board. Except for decisions previously made by the board, the president cannot choke off the board's business by refusing to list matters on the agenda.

Motion to Add Agenda Item. Under Robert's Rules of Order, the chair of a meeting cannot refuse a to put a motion to the body provided the motion is in order at the time. For an order to not be in order, it must be in violation of law or the bylaws. If a chair abuses his authority and refuses to put to a vote a motion to include an action item on the next meeting's agenda, any director can make the motion and put the motion to vote without the chair. (Robert's Rules, 11th ed., p. 650-651.) If the motion is adopted by a majority of directors, that motion must appear on the next agenda.

Abuse of Authority. If a chair abuses his authority, he can be censured or removed.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

Thanks, Glen; I do have that quote from D-S.com. I also will consider asking another director to call a special meeting of the Board with me on the topic, or if worse comes to worse, getting the 5% of Owners' signatures for a special meeting of the members. I'd prefer to just get it handled without the dramatics of those steps.

I emailed the president to ask why my item wasn't on the agenda and she refuses to reply. The PM says she doesn't know the reason either. The PM claims, in fact, that the prez deleted one of the PM's items from the agenda too related to the budget, which also never has happened. I was, indeed, president in '11 and the presidents before me and after me never blocked directors, or homeowners for that matter, from placing items on the agenda. So far as I can see in our own docs, our presidents have no authority to do so.

The 1/22 regular meeting agenda isn't long, Fred, and I'm certain the prez isn't researching the item herself. At our Nov. '12 meeting, the board voted to have a certain budget problem discussed in the 1st quarter of '13. My proposed item for Jan. was simply to have the board direct the PM to get certain necessary calculations from one of our vendors to help us prepare for the larger budget discussion, which would begin at the Feb. meeting. We cannot move ahead on the larger budget issue until we have the info from the vendor.

Again, I'm not requesting guesses as to why the president won't practice what other presidents have in the past. Her motives aren't part of my question. But, rather, how does it work in other HOAs?? May presidents be agenda tyrants??

GlenL (Ohio)
Posts: 5,491

Posted:

May presidents be agenda tyrants??

If the rest of the Board allows them to, why not? Does your Bylaws spell out the duties of the president? One of the items almost always listed is that they are to officiate at all meetings. It is not a stretch for the president to assume that includes setting the agenda.

BTW Most often the president serves in that office at the pleasure of their fellow Board members and can be removed from that office if they are doing things the other Board members don't want them to do. Make her member at large, someone else president and move on.

Studies show that 5 out of 4 people have problems with fractions

LarryB13 (Arizona)
Posts: 4,099

Posted:

Ditto.

FredB4 (Ohio)
Posts: 375

Posted:

Ditto as well. Glen has hit the nail on the head. Our Bylaws certainly allow that by a simple majority vote of the board. However I stil argue that the president has some discretion over the agenda, but if the board is unhappy then see Glen's answer.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Thanks to everyone! You've all been helpful.

I still might look at Robert's Rules even though I have difficulty navigating it online.

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