OPEN BOARD MEETINGS

Started by ReneeD • 5 replies • 1439 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ReneeD (Illinois)
Posts: 201

Posted:

We are an Illinois HOA.

Is it mandatory for a PM's CAM to attend a Board Meeting to make it official? We are now being told these are only workshops and, if any decisions made must be ratified at next meeting. Membership is notified of upcoming meetings and we do have quorum to conduct board business. We Board members already know decisions made in a workshop must be ratified at an open board meeting.

Hope to receive an answer on this soon. Thank you! -R

TimB4 (Tennessee)
Posts: 21,059

Posted:

For a Board of Directors meeting to be official, there needs to be a quorum of directors present.
Your governing documents should specify what the quorum requirement is for a BOD meeting.

Per Illinois General Not For Profit Corporation Act of 1986:

(805 ILCS 105/108.15) (from Ch. 32, par. 108.15)
Sec. 108.15. Quorum of directors. (a) Unless otherwise provided in the articles of incorporation or the bylaws, a majority of the directors then in office shall constitute a quorum; provided, that in no event shall a quorum consist of less than one-third of the directors then in office.
(b) The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless the act of a greater number is required by the articles of incorporation or the bylaws.
(c) Unless specifically prohibited by the articles of incorporation or bylaws, directors or nondirector committee members may participate in and act at any meeting of such board or committee through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can communicate with each other. Participation in such meeting shall constitute attendance and presence in person at the meeting of the person or persons so participating.
(Source: P.A. 84-1423.)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Renee

Are you saying that your BOD holds meeting with a quorum of BOD members present but calls them workshops, not meetings? I have no issue with such if no official business is conducted, but in some states these would be considered BOD meetings.

One poster on here accussed her BOD of having an illegal meeting as she saw a few of them chit chatting at the pool....LOL

A Property Manager does not have to be at a BOD meeting and should be only if invited to attend. Personally I would wnat the Property Manager at all BOD Meetings so he knows what is going on. If we need to discuss him, will do so in Executive Session.

Hope this helps.

JH3 (Maryland)
Posts: 67

Posted:

The PM is there to answer questions by the board about the day to day operation of the community, and/or to keep the board on track, and answer procedural questions if they arise. There is nothing that says the PM is required to be at the meeting. But IMO, the PM should be at every meeting, for good customer service if nothing else.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Our PM & Asst. PM attend our Board meetings for the reasons JH3 states, plus they record the meeting minutes. As directors, we seven want them to attend. Our property is very complicated and Owners sometimes have questions that only the PM can answer.

But I, too, wonder if these so-called "workshops" aren't actually meetings of the Board given the definition Tim supplied. And if they're really board meetings, shouldn't they be open to homeowners in your state, ReneeD?

CarolR11 (Colorado)
Posts: 2,563

Posted:

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here