Management role in HOA

Ok, so the saga continues. I have called a town hall meeting tomorrow to just talk with the Homeowners in regards to our problems and try to brainstorm a solution. I have asked the President of the board to come but she refuses. Tentatively we have picked out a date for our official open board meeting next week. The problem is this meeting is held in the middle of the week and middle of the day so that no homeowners can attend. We have this time slot because the Management company doesn't have any other time available. So I posed the question to our president if the Board can run our own meeting without the Management company since they don't have a more available time for us? We can pick a more convenient time in the evening so that everyone can attend and the Management company can come if they chooses but its not mandatory if they show up. someone can be in charge of taking a roll call and documenting the minutes. Her response was that we can not run our own board meetings and if we do so, we would be violating civil codes. I read our entire CC&R, bylaws, and I have been searching on the Davis Sterling Act and I did not find any concrete statements that said management company must run the meeting and a civil code will be broken if the board decided to do so.

Any advice will be great! Along with dealing a over controlling management company, we are dealing with a very not corroborative president.

I am new to this whole HOA thing but I have learned so much from reading our governing documents, the Davis Sterling Website, and this forum. My understanding of how a board meeting is run is someone has to take roll call before the meeting starts. The president then calls the meeting in session and that time needs to be documented in the minutes. Then we go over all the items of discussion on the agenda. At the conclusion of the meeting, someone calls the conclusion. Please let me know if this is correct.

Thanks!

Yij

Wanting to gather a bunch of homeowners for a chat is not the same thing as a BOD of Director Meetings and/or Home Owner Annual Meetings are.

Feel free to have a homeowners social chat/town meeting any time your little heart desires to do so. You do not need permission. Realize you can not conduct any Association business but any smart BOD and/or Management Company that does not at least sit in and listen is being foolish.

Gee, I wonder how self managed Associations are able to run their own Board meetings and general membership meetings?

I believe that it's more of an issue that the President doesn't want to deal with the homeowners.

You are right but I still don't think she should misquote the law if she has no idea what the law is. When I asked her for a reference to the civil code she is referring to, she stopped talking to me.

Our bylaws specifically states that "unless the entire Board is removed from office by the vote of member so the association, no individual Board member shall be removed prior to the expiration of his term of office if the votes cast against removal would be sufficient to elect the Board member if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Board members authorized at the time of the most recent election of the Board member were then being elected." The Davis Sterlings Act states that individual board member can be removed by the members through petition and secret ballots. But I am unsure in this case which governing documents would supersede.

Can you go into a little more detail of what you are referring to?

Thanks!

I know I can not conduct any business during this town hall meeting and I have already told the homeowners that this isn't an official meeting. The whole purpose of this meeting is get the homeowners together. There is no direction and no clear leadership in this HOA and I recently joined the Board of Director to get things started. Our HOA is about to become insolvent and no one is trying to fix it. Before I joined, no one even tried. The people at this HOA are so afraid that whatever the management company tells them they believe without challenging or asking questions. The President is 100% being controlled by the management company. When I suggested we need to call an open board meeting instead of finding out what all the homeowners availabilities are, she accommodated the management company for a time slot that no one can show up. And when I tried to challenge her by saying we can run this meeting ourselves at a more convenient time, she told me that I would be violating civil codes by doing that.

My hands are tied because its just me and her. There are no 3rd member to break this tie. I tried to show her our CC&R, Bylaws, and Davis Sterlings Act to open her eyes to what we can do and what we can't do as Board of Directors and what our responsibilities are. So far she hasn't been able to see for whatever reason.

As I mentioned, and you just confirmed the association allows for cumulative voting, to remove one, you need to remove all.