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GertrudeC (California)
Posts: 23
Posted:
A while back A group of residents started an open discussion type meeting and everybody liked it. I think one Board member attended and said good issues came up. Some board members and residents are not to happy with it. Just curious if we need to conform to something? Just curious if any like meetings have been useful to others in California or if we should always have a board member present? Its informal talk time in our meeting space.
SheliaH (Indiana)
Posts: 6,964
Posted:
You'll have to check your documents, but I don't see an issue. Board members are also homeowners after all, and unless they make promises they can't keep or acting in a way that's contrary to their fiduciary duty on the Board, what's wrong with any group of homeowners getting together and discussing anything? If this group wants formal action taken by the Board, they can attend a meeting and present their case.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By GertrudeC on 01/23/2015 9:16 AM
A while back A group of residents started an open discussion type meeting and everybody liked it. I think one Board member attended and said good issues came up. Some board members and residents are not to happy with it. Just curious if we need to conform to something? Just curious if any like meetings have been useful to others in California or if we should always have a board member present? Its informal talk time in our meeting space.


I would think that there are no obligations on your group unless you are officially recognized by your BOD. If you are officially recognized, then you would probably have to comply with any HOA rules for committee meetings. As long as you stay independent, I see no issue.

Sikubali jukumu. Read all posts at your own risk.
MarkM31 (Washington)
Posts: 556
Posted:
You can expect a board to never be happy with any thing they feel is usurping their powers. An open meeting should be of no issue.

It is unlikely that the CC&R's would be applicable, because this is completely outside of an type of official meeting. That would not apply to board members, who can never meet in any unofficial capacity.
AmandaR2 (South Carolina)
Posts: 566
Posted:
I agree with all of the above and see no problem to what your doing, nor how anyone could stop you. You have a right as shareholders to meet and discuss concerns. As already said, your not Board members so you don't have rules you must abide by. Your meeting openly in your common meeting space, not like your hiding anything. Just ignore those who aren't thrilled about it.
KerryL1 (California)
Posts: 14,550
Posted:
There is no reason why a groups of Owners cannot meet and discuss HOA issues. If rent is charged for the meeting space (as it is in our HOA), you'd need to pay it.

I think it's a good idea to invite directors.

We did have such a meeting of about 70 Owners. It was an educational meeting with break out groups, etc. on different HOA topics. No directors attended and they di not like it.

GertrudeC (California)
Posts: 23
Posted:
Quote:
Posted By KerryL1 on 01/23/2015 10:40 AM
There is no reason why a groups of Owners cannot meet and discuss HOA issues. If rent is charged for the meeting space (as it is in our HOA), you'd need to pay it.

I think it's a good idea to invite directors.

We did have such a meeting of about 70 Owners. It was an educational meeting with break out groups, etc. on different HOA topics. No directors attended and they di not like it.


Thanks for all the info everybody. Kerry, Actually some board members want to attend but some do not. I guess the solution would be to invite them all? How did you get the information to the whole Community? or did you? Since that is part of the larger issue nobody hears everything. thanks
BillH10 (Texas)
Posts: 1,217
Posted:
Gertrude, you mentioned some or all board members did not attend and did not like the fact the meeting took place.

If I were on the board, I would not much care for it either. The thought would at least cross my mind a palace coup was underway. Regardless, what was the purpose of the meeting and the break out groups, and why could it not have been held under the umbrella of the association as an informal town hall meeting with board members and property owners in attendance?

My supposition is that eventually some of the outcomes of the meeting will percolate up to an agenda item for a board meeting. Are you having other issues with the board which caused the use of this approach?
GertrudeC (California)
Posts: 23
Posted:
Gertrude, you mentioned some or all board members did not attend and did not like the fact the meeting took place.

If I were on the board, I would not much care for it either. The thought would at least cross my mind a palace coup was underway. Regardless, what was the purpose of the meeting and the break out groups, and why could it not have been held under the umbrella of the association as an informal town hall meeting with board members and property owners in attendance?

My supposition is that eventually some of the outcomes of the meeting will percolate up to an agenda item for a board meeting. Are you having other issues with the board which caused the use of this approach

Hi John I guess I should have put Gertie I so unused to that full name lol

Yeah will the majority of the Board thinks its a great idea, it is only the one (s) who want total control and no input that may think a revolt is happening. I am not saying that is your case just ours. The goal is just that! the ideas and concerns percolate right up there onto the agenda. And since open forum was taking so much time most thought this would be a great way to give people a chance to speak?
I do not think its so much an issue with the Board as it is lack of proper mgt and lack of anybody knowing what is going on. Its really a three ring circus and we desperately need a mgt company, I for one think the meetings are pretty useless really, our real problems are not day to day gripes but major issues. But I do admire folks who are still willing to at least try and help. But alas ha I love that word is it a word? HOA's are HOA's that's what I am learning......my first one and its well weird!
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By GertrudeC on 01/24/2015 4:43 PM
Yeah will the majority of the Board thinks its a great idea, it is only the one (s) who want total control and no input that may think a revolt is happening. I am not saying that is your case just ours. The goal is just that! the ideas and concerns percolate right up there onto the agenda. And since open forum was taking so much time most thought this would be a great way to give people a chance to speak?


Hi Gertie

Sounds like you've got a majority of the board who are afraid to go up against someone who is a control freak - Prez maybe.

IMO, you are doing them a favor. And all the board needs to do for the meetings to go away is to deal with some of the percolating issues. If they start dealing with the issues, you are going to have fewer people show up at your meetings and it won't be worth your time any more.

Of course, the opposite is also true if the Prez continues to ignore your voice.


Sikubali jukumu. Read all posts at your own risk.
GertrudeC (California)
Posts: 23
Posted:
Dear NpS
You are part right there but found good news today that another board member WILL ATTEND despite the obvious political opposition or what have you. Like you said we are doing them a favor by helping bring to light problems, but if that light is going to put the spotlight of wrong doing or otherwise negative issues on someone necessarily they would be opposed pretty simple I think. Although that has not been the case YET, in my opinion if you have sought consensus and have acted in good faith you would not be opposed to hearing perhaps a different view? If you firmly believe and can support with facts that what you have done as a Board Member was in the best interest of the Community then one should have no fear or opposition to this type of meeting (?)That being said the focus is not on one person, although many feel the majority of our problems stem from that person most are focusing on resolution rather than confrontation. Me I would just like to personally tell that person they are worthless and unworthy of holding Office rather than beat around the bush, but then that does not solve anything...lol
CfD (Virginia)
Posts: 265
Posted:
Don't understand what your board would object to. Any number of members can gather without anyone's permission, period. At least in Virginia. If your board is paranoid about said gathering and free speech, you need a better board. The smartest thing your board could do is welcome feedback from the gathering at the next board meeting.

If your group has a quorum and is calling it a "special members meeting" or something like that called for a specific purpose to transact business the members are permitted to, you'd need to go through the proper notification requirements for said meeting outlined in your governing documents or state law to allow all members to attend if they wish to.
KerryL1 (California)
Posts: 14,550
Posted:
Well, Gertie, as already stated, your group of homeowners can meet where & whenever they wish. I do think it's wise to invite all directors and if they don't come, don't worry about it.

I wouldn't worry about some other homeowners not liking these meetings.but what is it that bothers them?

When your group meets, perhaps some of its ideas can be sent to the Board president for inclusion on their next open meeting.

I hope that at least some members of your group are familiar with your CCRs & bylaws. One or more of you also should visit davis-stirling.com to learn a lot about those important CA statutes.

You say you need a property manager. What size is your community? Detached homes, or? iIs it complicated? Lots of amenities, for instance? How many are on your Board?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Gert

I am all for listening to and taking advice from any fellow owner. I even like having "dissenters/naysayers" on our committees.

That said, when it comes to running the "business" the BOD was elected to do such, not some "coffee group".

If you do not like the way the BOD runs things, rather then subvert them, I would replace them.

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