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FrankS10 (Kansas)
Posts: 276
Posted:
I have been communicating via e-mail issues and concerns that I believe should be on the agenda for our next Board meeting. I communicate this only to the other Board members. Since KS law requires our business be conducted in open meetings, I was not surprised that I received no responses from the other Board members. I did not ask questions, only made statements.

Our next meeting is this coming Monday. I sent a request to our Board president if she wanted our items for the agenda. She replied that the agenda was already set and put on the web site. There are no new items on the agenda, only a review of the previous meeting's minutes and as required a vote on our 4 standing committees.

I questioned this and her response is that any new items can be brought up at the meeting. But, we already had one issue, the mowing of the lot I mentioned earlier. This is not even on the agenda though we received feedback about it at the Annual Meeting in November.

Yes, our documents state to follow RR. But, my belief is that professional courtesy as well as the Board fulfilling our responsibilities to the membership would require the president to ask in advance what items should be on the agenda. My reasoning for this is that when people see issues that will be discussed it would encourage them to attend and offer feedback to the Board. Input is important IMO. And I think this is within RR. It just seems to be common sense to me especially if we are trying to be transparent.

Can you give me feedback on how your Boards establish an agenda, i.e. who gives input etc.

Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Okay I am going to say it... Just put it out there omce and for all... Things to be discussed or put on the agenda are talked about at the meeting!!! There I said it... DO NOT EMAIL ME! MENTION ON THE STREET! CALL ME AT HOME! SEND ME A LETTER!!! If you can walk and talk, you can make it to an OPEN meeting!!!

Sorry but if you want something done I and the other board members are NOT your mouthpiece. Your the person who has to manage to make it to the meeting to discuss your issues. That is why they have OPEN MEETINGS. Not be behind closed doors.

So keep writing and calling and wonder why things you want do not get addressed. I would not want nor trusting someone else using their words to represent me except if it is a lawyer I keep hiring to waste my money on to do so.

Former HOA President
RichardP13 (California)
Posts: 1,767
Posted:
Frank

Typically, it's the responsibility of the President to set the agenda for any meeting. I would send out an agenda with my items and ask the Board to make suggestions for additional items. Once done, it would be sent to the management company for the Board packet, I would post to the website and email blast to the owners whose email we had and the permission to send these notices.

In California, for items to be discussed and action taken, it must be on the agenda, otherwise, nothing can be done. This goes for old business as well as new business, unless an emergency can be justified. Doesn't mean that a homeowner couldn't bring up the topic and then the Board could discuss, but was still unable to take action.

The reason for only allowing items stated on the agenda to be heard is so that the owners have an opportunity to hear and possibly discuss something they know beforehand is being discussed. Nothing of interest, continue watching the football game.
FrankS10 (Kansas)
Posts: 276
Posted:
Richard,

Thank you. In talking with several Board members at work, it seems this is a common approach. The president sends the agenda to the other Board members who then add what they feel is necessary and THEN it is shared with the membership. It would, again, seem to make common sense to either encourage folks to show up that have an interest in a specific item or to just stay home if they are ambivalent about the topics to be discussed.

Further, allowing the Board members in advance to know what topics will be brought up should allow them time to prepare and become informed on that topic. This should actually reduce the time needed at meetings to bring people up to speed and ought to encourage better discussion.

Am I wrong to approach this new responsibility as a servant of the membership that is obligated to take reasonable steps to hear and resolve items of concern?
FrankS10 (Kansas)
Posts: 276
Posted:
Melissa,

I am a Board member trying to help the process, not hinder it. I welcome e-mails that help me in my role. Or other forms of communication as well. When I grow tired of it, I will not be on the Board. If as a co-Board member of yours you treated me as what you wrote, well we would have some friction for sure

I thought this is a site where Community Leaders help other Community Leaders????????
RichardP13 (California)
Posts: 1,767
Posted:
Frank

You are taking the right approach!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By FrankS10 on 01/07/2014 12:12 PM
Richard,

Thank you. In talking with several Board members at work, it seems this is a common approach. The president sends the agenda to the other Board members who then add what they feel is necessary and THEN it is shared with the membership. It would, again, seem to make common sense to either encourage folks to show up that have an interest in a specific item or to just stay home if they are ambivalent about the topics to be discussed.

Further, allowing the Board members in advance to know what topics will be brought up should allow them time to prepare and become informed on that topic. This should actually reduce the time needed at meetings to bring people up to speed and ought to encourage better discussion.

Am I wrong to approach this new responsibility as a servant of the membership that is obligated to take reasonable steps to hear and resolve items of concern?

I agree. This is how it should be done.
RichardP13 (California)
Posts: 1,767
Posted:
Want a good laugh. Here is video from a Board meeting at one of the largest HOA's in California with 18,000 residents.

http://www.youtube.com/watch?v=m8yrKA-7mBI
DavidW5 (North Carolina)
Posts: 565
Posted:
In our association desired agenda items for the following week's board meeting are required to be submitted by board members to the general manager's executive assistant by the prior Thursday. The board packet, containing the agenda and all documents and materials for the agenda items is distributed to the board members on Friday for the meeting to take place on the following Wednesday. A copy of the board packet is made available to all association members at the clubhouse front desk at the same time.

I am not aware of any case where an agenda item desired by any board member was not included on the agenda. In addition, at the end of the meeting the President calls on each board member to offer a report. Any topic not on the agenda can be brought up at that time although no vote or action on it can take place then.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RichardP13 on 01/07/2014 2:03 PM
Want a good laugh. Here is video from a Board meeting at one of the largest HOA's in California with 18,000 residents.

http://www.youtube.com/watch?v=m8yrKA-7mBI

Richard

I thought the video was very one sided in that the speakers might well have been out of order. I believe a BOD should listen to owners. I advocate open question and answer sessions at every meeting. That said, there have to be procedures and order to follow or it can be come a cluster f... real fast.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Hate the no edit.

If you followed other linked videos, one showed people shouting/talking over each other. Right or wrong, this does not get things done. Procedures and order get things done.
FrankS10 (Kansas)
Posts: 276
Posted:
John,

I agree that procedures and order is required. But I also believe RR are not meant to stifle discussion, just to keep order. I am prepared that some on my Board may want to use RR as a guise for stifling discussion.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By FrankS10 on 01/07/2014 4:38 PM
John,

I agree that procedures and order is required. But I also believe RR are not meant to stifle discussion, just to keep order. I am prepared that some on my Board may want to use RR as a guise for stifling discussion.

I am one of the first to agree many BOD's use R&R's wrong and in many cases, illegally.

BanksS
Posts: 403
Posted:
Frank,

You may have mentioned this before but I am curious. How large is your HOA and how many board members are there? Are you a director or hold an office, if so what office? Thanks for sharing your common sense approach to serving on your HOA.

I ran for the board last year. I got 3 votes, one was my own. LOL The Board recruits people that I have never, ever seen at a meeting just to keep me off. I have volunteered to help out with stuff and the Board doesn't respond to me. There are hard feelings between me and the president so he squelches my participation.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Won't go into a recent change, but for years we used the approach that Richard discusses. IMO, it's the best approach. Open meeting agenda items also must be posted (in our mailrooms in our case) 4 days in advance of the meeting, which gives h'owners ample time to see if they'd like to attend.
FrankS10 (Kansas)
Posts: 276
Posted:
< You may have mentioned this before but I am curious. How large is your HOA and how many board members are there? Are you a director or hold an office, if so what office? Thanks for sharing your common sense approach to serving on your HOA.

I ran for the board last year. I got 3 votes, one was my own. LOL The Board recruits people that I have never, ever seen at a meeting just to keep me off. I have volunteered to help out with stuff and the Board doesn't respond to me. There are hard feelings between me and the president so he squelches my participation.

Banks,

We have only 78 lots, 9 which are still not sold and about 56 homes built so far. (Some are double or triple lots due to horse ownership). We have 5 Board members and I am the Parliamentarian.

What you are experiencing is very similar to what I went and am still going through except the hard feelings directed at me are by the Developers and a small band of their friends. I kept pushing though, communicating with authorities, asking for support from neighbors and gained enough proxies this year that even though they still could have exercised their Class B votes to keep me off, they must have decided it would not have been wise to do so.

Keep at it, and I know it is a very lonely road. Doing what is right is very seldom easy. I appreciate the sentiments on this thread. Originally when I started participating here I thought there would be an avalanche of support for people who wanted to make common sense changes to help protect one's largest asset, at least for most folks. I was astonished at the responses, but I see more and more movement towards people not willing to put up with those who are arrogant enough to think their way is always better. This thread is proof that there is a lot of wisdom to be borrowed from the good people here.

Best wishes this year!
SheliaH (Indiana)
Posts: 6,964
Posted:
We've been using the same agenda since before I moved to the community, so I don't know its history. Generally if someone wants to bring something up, we address it after reviewing the management report. If the item's already part of the management report, additional information can be presented at that time. Our presidents did set the agenda in the past, but the current one seems content to follow the current format.

At one time, we would print copies of the agenda so those attending the meeting could see it, but people rarely show up and leave after the resident's forum, so we stopped. We don't have a website so we can't post the agenda in advance.

You make a great point about increasing attendance if people knew in advance what would be discussed - I'll bring that to our own meeting next week (another reason we really should consider establishing a website!) Even if people don't show up, we could always ask people to send written comments and questions on the subject so those could be addressed as well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FrankS10 (Kansas)
Posts: 276
Posted:
Sheila,

Thanks. Besides an agenda encouraging attendance, all Board members should have a good idea of what topics will be brought up in advance. Obviously there will still be some unforeseen issues; however, I would want to know what topics are going to be discussed so I can review our documents again and see what they say in regards to those specific topics. I think this would shorten the time taken at each meeting to get members up to speed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Frank,

Since there is no requirement for us that the agenda be posted to the members prior to the meeting this does give us some latitude. Our process is:

1) President sends draft agenda a few days prior to the meeting to all Board members.
2) Board members respond with anything that needs to be added (new business) or was forgotten (old business)
3) President sends final agenda the evening prior to the meeting

All Board members and any members attending the meeting may bring up additional issues that were not on the agenda at the meeting during the open forum.
FrankS10 (Kansas)
Posts: 276
Posted:
Thanks Tim. I am sure you have some responsibility for your HOA conducting themselves professionally! Thanks for respecting your fellow HOA members!
JoK2 (California)
Posts: 198
Posted:
Just like Congress, they do not represent the people who elected them!
FrankS10 (Kansas)
Posts: 276
Posted:
Thought I would update you.

We held our first meeting last night. The President refused to add my items to the agenda beforehand though she admitted at the meeting I had sent them in enough time. So I printed the list of agenda items and brought them to the meeting and made enough copies for members as well.

They adhered to RR and required that I make a motion for each item on my list for the Board to discuss the items. Of the 11 items, 5 received a second (and passed) and one other was put on the next meeting's agenda. One of the items to pass was that the agenda would now be sent out by the Prez in advance and we would add our items and send it back. Then these items would be included on the agenda shared with the neighborhood so that members could see if anything interested them or not.

There was very strong resistance to this with the main reason being this is how they always did the agenda. I pointed out our new KS law and that in keeping with the spirit of fulfilling our responsibilities to the community and trying to be good servants this just makes common sense. It finally passed but the Board members who resisted drew the ire of a member present who just happens to be an attorney. He stated he thought it was ludicrous that such an obviously easy idea to implement with obvious merits even needed to be debated.

I have to say I received several comments afterwards of maintaining an even keeled professional manner while they looked very much like people trying to protect their turf. No doubt choppy waters remain but the tide has at least started to turn.
RichardP13 (California)
Posts: 1,767
Posted:
You get an AMEN from me.

Remember, baby steps. Change is not easy, but the next time it becomes easier, and the time afterwards easier. Having the support of owners...PRICELESS
FrankS10 (Kansas)
Posts: 276
Posted:
Thank you Richard!

Obviously I am still learning and not completely familiar with RR. Do we need to have a second for a Board member to discuss an issue? Just to discuss it, not vote on it? And, is a second required if there are only 5 board members? I think the rules may change with a limited number of Board members.

If a second is required, can the Board member just bring up their comments during open items for the members? Issues ought not be discussed. We had a complaint about the unsold lots not being mowed and the Board refused to discuss this as no one would second my motion. Seems ridiculous and counter to what a board is obligated to do. The reason the prez refused to second it she claimed she did not want to discriminate against anyone and we needed to discuss all lots, even though I pointed out there are no complaints other than this one.

Thanks.
FrankS10 (Kansas)
Posts: 276
Posted:
Should say "Issues ought to be discussed."
CarolR11 (Colorado)
Posts: 2,563
Posted:
Good for you, Frank! You (which seems to me to mean the same as "your HOA"!) now is making progress!

I'm no expert on Robert's Rules, but I believe that no second is needed on small Boards. But it's up to the Board to decide, not the prez. If your Board decides that a second is required, you're probably stuck with it. In that case, and I've done this myself, bring up the topic at open forum.
RichardP13 (California)
Posts: 1,767
Posted:
Frank

First let me say "you're welcome".

I am not a parliamentarian. I conduct meetings pretty much on what I have been taught and also what I believe common sense. I have been President of my HOA, but have also sat on a Government Neighborhood Council, which the rules are much closer to how Congress would operate.

In California, before a item can be discussed in open session it has to be on the agenda, either as old business or new business. If not, one way to discuss is if it's an emergency, or if immediate action is needed and 2/3 of the "members present" not board members, and it was determined that it came up after the agenda was properly noticed and posted. Another way is to have the homeowner bring the topic up in open session during their "open forum" segment.

All of our agendas and ones that I prepare show an action line below the topic, for instance, Gate Operation Repair Contract, a motion, a second and a vote are needed to approve a new gate vendor.

For the neighborhood council, we would make a motion and a second and the action required to discuss a topic that was already on the agenda. We are not allowed by law to discuss anything on our own unless it was already on the agenda. We have a stakeholder session and the residents in the community can bring up any topic they want and at that time, the council can discuss, but take no action, other than to make a motion to aggrandized to a future meeting.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By FrankS10 on 01/14/2014 9:22 AM
Thought I would update you.

We held our first meeting last night. The President refused to add my items to the agenda beforehand though she admitted at the meeting I had sent them in enough time. So I printed the list of agenda items and brought them to the meeting and made enough copies for members as well.

They adhered to RR and required that I make a motion for each item on my list for the Board to discuss the items. Of the 11 items, 5 received a second (and passed) and one other was put on the next meeting's agenda. One of the items to pass was that the agenda would now be sent out by the Prez in advance and we would add our items and send it back. Then these items would be included on the agenda shared with the neighborhood so that members could see if anything interested them or not.

There was very strong resistance to this with the main reason being this is how they always did the agenda. I pointed out our new KS law and that in keeping with the spirit of fulfilling our responsibilities to the community and trying to be good servants this just makes common sense. It finally passed but the Board members who resisted drew the ire of a member present who just happens to be an attorney. He stated he thought it was ludicrous that such an obviously easy idea to implement with obvious merits even needed to be debated.

I have to say I received several comments afterwards of maintaining an even keeled professional manner while they looked very much like people trying to protect their turf. No doubt choppy waters remain but the tide has at least started to turn.

Congrats on sticking with your guns - good to see that most of the board members agreed with you. As for the others, it's really annoying when people resist change simply because "that's the way we've always done it." A sign of laziness in my opinion.

After this performance, somehow I think this member/attorney might be inclined to attend more meetings down the road - you may want to talk to him and other like-minded people about other changes the Association can make to be more effective and then start educating other homeowners

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By MelissaP1 on 01/07/2014 11:58 AM
Okay I am going to say it... Just put it out there omce and for all... Things to be discussed or put on the agenda are talked about at the meeting!!! There I said it... DO NOT EMAIL ME! MENTION ON THE STREET! CALL ME AT HOME! SEND ME A LETTER!!! If you can walk and talk, you can make it to an OPEN meeting!!!

Sorry but if you want something done I and the other board members are NOT your mouthpiece. Your the person who has to manage to make it to the meeting to discuss your issues. That is why they have OPEN MEETINGS. Not be behind closed doors.

So keep writing and calling and wonder why things you want do not get addressed. I would not want nor trusting someone else using their words to represent me except if it is a lawyer I keep hiring to waste my money on to do so.

Setting an agenda, in the name of professionalism and transparency, should crafted, with a agenda items solicited a few days in advance. Creating a business agenda on-the-fly discourages attendance at public meetings because the agenda looks blank upon a resident preview of pending business.

Frank, as a board director, is presenting business to the sitting president - the agenda's author or facilitator - prior to the printing deadline, it appears. Therefore, he should receive the privilege of having the item on the business meeting agenda so he - Frank - can discuss. There's no guarantee his board colleagues will do anything more than listen quietly.

Frank's board and president are intellectually ripping off residents by presenting blank agendas for meetings that will guided, blatantly, by a mental or verbal agenda. For my vantage point, Frank's board must be terribly inefficient or awfully knee-jerk in how it handles its business given there is no agenda authorship or pre-planning for the conducting of HOA business (which differs from "conducting business" outside the HOA meeting).
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Frank,

As a president, I will issue an email to the board of directors soliciting agenda items, but 99 percent of the time, I bring the agenda. I work most closely with our vendors and property manager plus enjoy a trust-based relationship with the board of directors. I'm blessed.
That solicitation goes out about one week prior to posting the agenda on the Internet. Our meetings are on Tuesdays, so the agenda gets posted online the weekend prior to our meeting.

If something pops up - like a repair that's a bit too costly to simply authorize - it may not make it on the posted agenda if it's last-second. Therefore, a super-majority vote is needed to approve these unannounced agenda items at our meetings.

In regards to your request for business....if you don't have tangible business for the board to handle, like the hiring of vendor, and simply want a discussion of a problem property, then it may not be an agenda item as there is no tangible board action being requested other than a board member suggesting we "do something" about an overgrown lot. There's a bit of nuance in comparing a business items with, what's essentially, a neighborhood report/complaint.

Your board president isn't necessarily incorrect but I understand your frustration.
FrankS10 (Kansas)
Posts: 276
Posted:
Kelly,

Great information, thank you!

All of the following is my opinion....

We have an official HOA; however, because of Class B voting privileges the developers can still retain control. IMO, and most others in the community, the agendas are just symptomatic of how the developers tried to retain control to their advantage by not being very transparent. They do not want participation, it has not worked to their advantage to have participation.

The Board is using the requirement of a second motion just to be able to limit discussion. My belief is that if reviewed this would look like a failure of the Board to fulfill our responsibilities to the community. Issues need to be discussed just to see if a motion ought to be made to set a course of action. As stated below I will circumvent this by bringing up the issues in the Members Comment section and let the membership know why I am bringing up issues then. I have informed the Board of this and hopefully they will see the reasonableness of adjusting course.

A small group of us has made a huge difference. The developers sent 3 families a legal letter back in 2011 threatening to sue us. We ignored it and were advised it was an attempt to legally scare us.

Then the county sheriff was invited to sit on our Board and showed up in full dress uniform on the first night. I waited until he did not attend the next 3 meetings and contacted him to inform him of his required responsibilities and asked that he meet with a group of us. He promptly resigned and the County Attorney was advised in writing that some of us saw this as nothing but an attempt to intimidate us.

Then most recently after our DRC (controlled by the developer and friends) approved a fence variance in a questionable manner (has caused the DRC to be required by the new Board to write clear policies and procedures, and you guessed who brought this motion forward this past Monday and they were all wise enough, or at least legally advised, to pass it.) for a neighbor that caused Law enforcement to have to be called out and ending up in a small claims dispute that was dismissed have all caused some legitimate concern about remaining lots not selling and decreased property values.

At Monday's meeting one of the developers, who sits on the Board, actually stated that it may be arrogant but he does not think their Horse Arena connected to our development (but excluded from the CCRs) should be required to pay anything for access to the Common Areas, which include 5 miles of horse riding trails. The CCRs grant them access like all other properties, but not for free. The CCRs expressly authorize user fees for access to the Common Areas. I believe we are required to follow the CCRs whether or not the developers' opinion is that since they developed the property they should not have to pay. They should have made sure the CCRs stated that then.

It has been a tough course and we have had great legal advice which continues today. I hope to be able to protect our property without having to resort to legal action, but that is looking less likely. We will continue to nudge the Board to do what our CCRs require, and to do it in a fair and consistent manner.

Thanks again Kelly!
FrankS10 (Kansas)
Posts: 276
Posted:
Wanted to update a little more:

Over the weekend I received a call from a highly respected individual in our community. He spoke to me in normal tones, not excited at all. He said he was dismayed at the lack of willingness of other Board members to discuss the issues. I had never spoken to this individual, and did not know where he stood as he seems very friendly with everyone. Long story short he was in agreement with everything on my list that was presented at the meeting, not in agreement with all of my views but in agreement that the community is best served by discussing the issues which he said is obvious that they did not want to do.

He actually started the conversation by asking how difficult it would be to remove a Board member, which I assumed at first he meant me. Less than 30 seconds later I realized otherwise. In fact, something I had suspected in the past, I concluded was true now. He stated it was as difficult getting someone on the Board that the community wanted as it is to get someone off. I know this person and others were asked by those in disagreement with me to run for the Board. Apparently, a good number of neighbors refused so that there would not be more neighbors running than spots available. It was a strategy that was kept quiet and I believe because people do fear retaliation if the clique knows what happened.

Just had to share this as those of you going through similar obstacles to do what is proper should probably realize there are people who support you, but for a variety of reasons may not be willing to do it publicly.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Frank,

Isn't it a great feeling when you realize that you're not in the fight alone.
FrankS10 (Kansas)
Posts: 276
Posted:
Tim,

Thanks, and yes it does! I recognize you know this fact better than most. You are now reaping the rewards of having fought the good fight.

Best wishes kind sir!
JoK2 (California)
Posts: 198
Posted:
Frank,
As an HOA board member myself, it is very easy to only hear and or think of who is against us or might be. After all, this forum is plenty proof of just how BOD's are thought of. As this one member showed you, and I have found as well, that as you stay on course, and your convictions, ideas and suggestions are well thought out, and come from honesty, you will gain the respect and trust from more of your members.

My sister suggested that to me a few months ago when I was pulling my hair out over a few important issues. I had asked her what could be done so the members would know that I am just as concerned about the whole of the HOA as they are, and she said it will happen naturally and organically as long as we stay on course etc.

We just had another special meeting concerning those issues and it went very well, oh sure we had the obligatory nay sayer, but more importantly, I didn't feel any fingers being pointed at us on the board like we have in the past. So as questions rose, there were members answering the question right along with us. It was very positive.

So keep at it and as Tim said, we are not alone, and with stronger communication, and respect for every homeowner regardless of their accusatory tones and comments or even late payments for dues, they will eventually rise along with us.

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