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NatalieF1 (Virginia)
Posts: 40
Posted:
Is budget discussion allowed to be in executive session at a Board meeting?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 2:44 PM
Is budget discussion allowed to be in executive session at a Board meeting?

Yes. Simple questions get simple answers.

Such as if some personnel particulars are discussed like salary/benefits/etc. for employee(s) then they could (actually might have to) be done in Executive Session. They then show up as a single line entry in the budget.

NatalieF1 (Virginia)
Posts: 40
Posted:
We have no salaried association employees. Can members view the budget before it is approved? I know of nearby communities that have budget committees that encourage their members to attend and learn about the budget before the Board approves it. They even encourage members to give their input at the homeowners forum or in writing to the board.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Personally, I think it's silly to discuss the budget in closed session. However, per VA § 55-510.1:

The board of directors or any subcommittee or other committee thereof may convene in executive session to consider personnel matters; consult with legal counsel; discuss and consider contracts, pending or probable litigation and matters involving violations of the declaration or rules and regulations adopted pursuant thereto for which a member, his family members, tenants, guests or other invitees are responsible; or discuss and consider the personal liability of members to the association, upon the affirmative vote in an open meeting to assemble in executive session.

Therefore, where the budget addresses those areas, those areas ONLY may be discussed in executive session. However, the remaining budget discussion should be conducted in open session.

My Association has the Treasurer prepare the draft budget for Board approval. The Board discusses it, makes changes and then approves the budget for presentation to the membership (it now becomes a proposed budget). Once the membership has an opportunity to make comments at the annual meeting, the new board would review the proposed budget, make any changes they feel are necessary and adopt the budget by majority vote.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 3:09 PM

Can members view the budget before it is approved?

If they attended the meeting of the Board where the budget is discussed, then, per VA § 55-510.1:

Unless otherwise exempt as relating to an executive session pursuant to subsection C, at least one copy of all agenda packets and materials furnished to members of an association's board of directors or subcommittee or other committee thereof for a meeting shall be made available for inspection by the membership of the association at the same time such documents are furnished to the members of the board of directors or any subcommittee or committee thereof.

Therefore, providing you were at the meeting, you should be able to see the initial draft and the final approved draft. These may or may not be attached to the minutes of the meeting.
NatalieF1 (Virginia)
Posts: 40
Posted:
The meeting is coming up that will be the first discussion on the budget. Our new community manager says the budget draft is listed in executive session and is not a public document until adopted. Not sure why this is. It seems like homeowners are being excluded completely.
KerryL1 (California)
Posts: 14,550
Posted:
Based on what's been cited here and nothing in the budget is of a confidential nature, you should ask your CM, if s/he's responsible, to place the budget on the agenda of an open meeting.

If the CM won't comply with the law, you & others should make sure the Board knows that you understand the law in this regard and want to the budget discussion to take place in an open meeting. And, per Tim, request that the draft of it be available to owners when directors get their copies.

We don't need to go that far in CA, but we do discuss the budget in at least one open meeting and sometimes it takes 2-3 to hammer it out.
KerryL1 (California)
Posts: 14,550
Posted:
Based on what's been cited here and nothing in the budget is of a confidential nature, you should ask your CM, if s/he's responsible, to place the budget on the agenda of an open meeting.

If the CM won't comply with the law, you & others should make sure the Board knows that you understand the law in this regard and want to the budget discussion to take place in an open meeting. And, per Tim, request that the draft of it be available to owners when directors get their copies.

We don't need to go that far in CA, but we do discuss the budget in at least one open meeting and sometimes it takes 2-3 to hammer it out.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 4:35 PM

Our new community manager says the budget draft is listed in executive session and is not a public document until adopted. Not sure why this is.

Well, ask.

Something along the lines of, "I've read and believe I have a good understanding of VA § 55-510.1 and I'm unclear as to how the discussion of the budget would be covered under that statute to be within executive session. Would you please elaborate on your basis for your answer?"
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By TimB4 on 09/09/2014 6:01 PM
Posted By NatalieF1 on 09/09/2014 4:35 PM

Our new community manager says the budget draft is listed in executive session and is not a public document until adopted. Not sure why this is.


Well, ask.

Something along the lines of, "I've read and believe I have a good understanding of VA § 55-510.1 and I'm unclear as to how the discussion of the budget would be covered under that statute to be within executive session. Would you please elaborate on your basis for your answer?"

I can (kinda) understand unofficial budget drafts being kept confidential BUT the budget should be publicly reviewable prior to the HOA board adopting it. The board represents the HOA dues payers and not being transparent on this matter is very suspect from an ethical perspective.

RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 2:44 PM
Is budget discussion allowed to be in executive session at a Board meeting?

The budget process should be totally open. For the HOAs we manage a draft budget is prepared and emailed to all Board members. An open Board meeting is held where any revisions are made; and then the Board approves the budget. FYI, homeowners are notified of all Board meetings and are allowed input at Board meetings.

The Board approved budget is mailed to all homeowners with the annual meeting notice, agenda, and proxy form. At the annual meeting the homeowners ratify the budget. If it is not ratified (has never happened) then the Board must modify it and present the revised budget to the members. The key item for which homeowners show concern is usually any change in the assessment for the coming year.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is the best advice I received when it comes to budgets and spending HOA monies. The money is NOT your money, it is ALL the members money. You as a board member were elected to handle the budget and daily operations of the HOA on the general owners behalf.

It is VERY difficult to give up the control or be naturally open when it comes to budeting and being transparent. It is NOT like your personal finance where you keep ot close to the vest. However, everyone demands the budget be open, discussed, and seen.

This is the example I use... It is like having your checkbook open on the dining room table. You as the parent and breadwinner are responsible for paying the bills and meeting demands. The general membership are like the kids. They certainly will always want the latest game but food comes first. When you tell the kids you have no money for the latest game, they have a right to see the checkbook and why that is so.

If you view your budget in that mindset, it is NOT yours but everyones... You then find the answers on how to best budget and work it openly. Of course a few things are off limits like individual collections or salaries. However, those can be combined with a group overall numbers. As long as you have a solid collections policy and reveal actions taken to collect, that is what should reveal.

Former HOA President
ValerieS2 (Michigan)
Posts: 244
Posted:

"This is the example I use... It is like having your checkbook open on the dining room table. You as the parent and breadwinner are responsible for paying the bills and meeting demands. The general membership are like the kids. They certainly will always want the latest game but food comes first. When you tell the kids you have no money for the latest game, they have a right to see the checkbook and why that is so."

Melissa,

Unfortunately you use this "parent-child" analogy often and it is still as condescending as ever. A relationship between the board and members is a business relationship. One in which all have an equal stake.

KerryL1 (California)
Posts: 14,550
Posted:
Yes, I agree, Valerie. Melissa should drop this tired analogy that makes Owners sound like clueless children. It's insulting.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If you take it as insulting then you are just taking it that way. I can not control how you feel about a statement and analogy. It makes you feel like it is condensending then your one who know how to be condensending...

Grow up... It is a freaking analogy NOT a college class on how to run a corporation...

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I agree. It us a good analogy.

ANALOGY:

anal·o·gy noun \ə-ˈna-lə-jē\
: a comparison of two things based on their being alike in some way.

ValerieS2 (Michigan)
Posts: 244
Posted:
Melissa,

I am sure you liked (and lived) that analogy when you were president. In my opinion it is condescending, unnecessary, and a good example of why so many owners dislike their boards.
ValerieS2 (Michigan)
Posts: 244
Posted:
Melissa,

I am sure you liked (and lived) that analogy when you were president. In my opinion it is condescending, unnecessary, and a good example of why so many owners dislike their boards.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again, if you take that analogy as condescending that is YOUR issue. It's your problem and putting something there that does not exist or intended. Stop projecting your issues onto some analogy about parent/child relationship analogy. Last time I checked, parent/child relationships weren't bad things. They are bad if you feel like your being treated like the child...or proving yourself as such...

Former HOA President
ValerieS2 (Michigan)
Posts: 244
Posted:
No Melissa, not "my" issue at all. I would imagine "any" reasonable person would take issue with your disdainful and patronizing language. Not to mention the analogy is just plain inaccurate.

Restating the same tired old phrases year after year does not make them anymore true now then they were first time you said them...
TimB4 (Tennessee)
Posts: 21,059
Posted:
I like to consider myself a reasonable person and don't have an issue with Melissa's analogy.

It's not the analogy I would use but that doesn't mean it doesn't work.

I believe that we all agree that those who serve on an Association will sometimes need to use an anology or two to explain issues to some of it's members. Those who have a better understanding of the issue may find such analogies unnecessary and may even interpret the use of an analogy as an insult of some kind.

Helping some to understand an issue at the risk of alienating others is always a risk when using an analogy to explain things to a large audience who's background is unknown to the individual/group utilizing the analogy. Hopefully the benefits outweigh the risk and those who may feel alienated will understand that the goal was to help others understand an issue that they may not have understood before.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 09/11/2014 4:01 PM
I like to consider myself a reasonable person and don't have an issue with Melissa's analogy.

It's not the analogy I would use but that doesn't mean it doesn't work.

I believe that we all agree that those who serve on an Association will sometimes need to use an anology or two to explain issues to some of it's members. Those who have a better understanding of the issue may find such analogies unnecessary and may even interpret the use of an analogy as an insult of some kind.

Helping some to understand an issue at the risk of alienating others is always a risk when using an analogy to explain things to a large audience who's background is unknown to the individual/group utilizing the analogy. Hopefully the benefits outweigh the risk and those who may feel alienated will understand that the goal was to help others understand an issue that they may not have understood before.


Well said.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Thank you... The analogy is about as simple as you can get. Simply think of your home budget and how it would be if the requirement was to keep your budget posted on the refrigerator door. You as the parents and in charge of spending are not going to let your kids dictate what to spend money on. They can put in a request for an xbox game... However, everyone has to view the budget and decide new xbox or pizza?

Whatever your reason for finding such an analogy offensive is your perspective. It is a simplified analogy to cover the wide range of posters we have on here. Everyone on here demands to review the budget and the money be transparent. Well then that means posting the budget on the "refrigerator" door of the HOA and listen to the demands of the members.

Most board members want to run the HOA budget like they do their home one. I suspect most here keep their earnings, budget, and money management close to their vest. However, in a HOA where the membership demands transparency, openess, and a vote on spending items you as a board member can not do that. It means switching your private thinking brains to open public ones.

So stop being offended and taking this as some kind of better than you advice. It is simply an analogy where I did not over complicate and put it in some kind of weird professional whelm that does not exist in a HOA. Only requirement to be a board member is to be a homeowner.... There is no requirement on professional level degrees or experience.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
It's partly that I don't understand your analogy, Melissa--it doesn't make sense to me

Homeowners and directors all are members of the HOA and all pay dues. Owners in good standing and directors all qualify to serve on the Board and make decisions about spending and reserves, etc. Some serve, many do not.

Children in families do not get to be part of the decision making process re: budgets, savings, etc for the household, when they're very young. They don't "qualify"; moreover they're dependent on the adults for food and shelter.

HOA members are not dependent on the Board for food & shelter.

So I don't see kids in a family being "like" members in an HOA at all.

Many states require that the finances be available for inspection by HOA members upon written request. Certain protocols must be followed and fees can be charged. What are the procedures in Alabama, Melissa?
RichardP13 (California)
Posts: 1,767
Posted:
Kerry

You beat me to the response.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 4:35 PM
The meeting is coming up that will be the first discussion on the budget. Our new community manager says the budget draft is listed in executive session and is not a public document until adopted. Not sure why this is. It seems like homeowners are being excluded completely.

Let's get back on track.....

The property manager works for you. Your dues pay the property manager and the board directs the manager. Therefore, your board is not acting with transparency - a relevant point to raise with them.

Generally, weak boards with poor leadership try to hide in executive sessions. It's difficult to hear people gripe.
ValerieS2 (Michigan)
Posts: 244
Posted:
Thank you Kerry for taking the time to explain exactly why the analogy does not work.
KerryL1 (California)
Posts: 14,550
Posted:
If Tim's good approach above fails, ask for a copy of your HOA's contract with the MC. It might state that the Comm. Mgr. must abide by state laws and your documents. Tim has cited the law for you.

(Ours almost says that: the MC is "not obligated" to follow the Board's directors if they violate our docs or state law.)

Others, Karen, perhaps, have pointed our that FL now requires all certified (I presume) MCs to adhere to state law.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By NatalieF1 on 09/09/2014 2:44 PM
Is budget discussion allowed to be in executive session at a Board meeting?

Would you appreciate your HOA Board to discuss how they want to spend your money in an executive meeting, which prevents you and the others from asking questions etc? Sometimes you don't have to read your documents to know which is the best way to go.

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