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MarionR (California)
Posts: 16
Posted:
We are a newly elected Board for an HOA Assn. The major issue on our next agenda requires much more information requested from the Management Co. and the original developer, as there is a serious question of insolvency of the Assn... and who actually owns the lands upon which the development has been built.
The President, Vice President and Secretary agree the next scheduled meeting needs to be postponed awaiting add'l info. One member is demanding the meeting go forward even though there are no other items on the agenda... she is trying to get many items placed on the agenda without agreement of the rest of the Board. The 5th member of the Board is actually the owner of the Management Co from which the information is being requested.
The meeting was scheduled for 2/25/14 and the President has just called for the postponement. Is it mandatory to call for a vote to postpone? Or can the President decide this is necessary measure and announce the postponement?
The announcement has just been posted to all 5 members of the Board and the dissenting individual is creating problems stating it was mandatory to call for a vote.... even though she knows that at least 3 out of the 5 are in full agreement with the postponement.
Any opinions as to whether the President has the authority to postpone or there must be a vote before announcement?
Thank you so very much.
PeterD3 (Florida)
Posts: 708
Posted:
Wagt does davis-sterling or your assn. documents say regarding meeting frequency, time, etc.?

If they are silent then the BOD can meet whenever required AND a quorum can be obtained.
RichardP13 (California)
Posts: 1,767
Posted:
As far as scheduling meetings, the President, Secretary, Vice President, OR any two other Board meeting may call for a Special Meeting. Notice to the membership must be posted in the common area no later than 4 days or 96 hours prior to the meeting.

Potential problem I see from your post is that three or the Board would like to postpone and a minimum of three Board must be present to achieve quorum. Availability of attendance can be done by email and not violate the Open Meeting Act.

Typically, the President sets the agenda, hopefully with input from the other Board members. In my opinion, the President does have the authority to postpone and the Board does have the ability to override, but with a majority.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I say have the meeting but make it so it could not be considered a "quorum". You can't do business if you don't have one. However, I would use this meeting as an opportunity to discuss issues and even how to have meetings. Make it a HOA workshop instead by taking time out to learn your documents and what changes you need to make now that your under owner control. Never lose a chance to meet in my opinion as it doesn't happen enough in the first place.

Former HOA President

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