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BjW1 (Florida)
Posts: 24
Posted:
If only two of four board members meet to talk about a project (looking at management companies and comparing
their price points) is this considered an open meeting for anyone else in the neighborhood to attend?
The treasurer and President plan to look over material together at one location. They would rather not have to include others but don't want to be accused of improper conduct. thank you
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I say as long as they aren't spending any money of the HOA's then it is okay. I don't see a problem with board members seeking out bids or reviewing current contractors without it being public. It should become public AFTER an appropriate consesus has been form and information gathered. They should NOT spend any money or take any actions until they can discuss it at the open board meetings IMO.
I often had meetings amongst my board members outside the meeting realm. However, it was usually to discuss a proposal of a project or review a homeowner's complaint. If an owner came to a meeting to complain about a drainage issue, I would tell them that I would get myself and another board member(s) to come out and review the situation. I would also gather bids with contractors before presenting them to the board/owners. It was up to the board/owners to decide the final outcome.
There are some issues that it is better to discuss outside the meetings before presenting the full idea to the rest of the owners. You will get people claiming this is "unethical". So what. Is the board getting the job done? Sometimes you have to stop worrying about perception and pick up the bootstraps to get work done.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
I think you are jumping into a gray area here. If they are getting together to discuss bids from MC's I think that should be done in an open meeting. I often talk to other board members outside meetings, but generally that is nothing of substance or to run an idea by someone.
BjW1 (Florida)
Posts: 24
Posted:
We have never had any open meetings as the neighborhood has never shown interest in participating, they don't even show up to the annual meetings (only 1/4 respond and they bring no input) We now have a new neighbor who is causing alot of upset and demanding we run the HOA by the book (roberts rules of order)
so we feel it is time to get a MC to help out. How do we have them at our open meetings and keep them from interfering in our discussions as they seem to not understand they are there to observe and have only a few minutes to give opinions.
They have no problem cornering us on the street with demands for information, but when asked to put it in writing and send to BOD members for response they
get indignate. I have told them that they are constituing a meeting by their actions and not allowing the other HO to be in attendance. We have done so much good for this neighborhood and they(the new couple) stare at us as though we have robbed them blind...it is very hurtful. Our President has told me he feels the need to file a slander suit against them as they go to the Ho's calling him names and putting doubt in their minds. It is suddenly Peyton Place.
BradD2 (Florida)
Posts: 418
Posted:
What state? Also, what do you do when two board members vote one way and two vote another?
JM2 (Oregon)
Posts: 439
Posted:
Hi Bj:

If your state has "sunshine laws" or open meeting laws that apply to HOA's, then I would actively discourage the two board members from discussion outside of an open board meeting. With that said, I would also encourage your board to hold open board meetings, even if your state does not require them.

Also, consider increasing the board to 5 people, so that any two can talk without having a quorum.

Once bids are solicited, the Board may be able to go into executive session to meet with the different MC's to discuss contract negotiations; however, no decision should be made in executive session - the decision needs to be made in an open meeting.

The more that your community keeps everything out in the open and communicates, the better things will be for the Board.

I wonder, if your new neighbor has experience living in an HOA? They may have had a negative experience that would lead them to be suspicious, or may have been in a state with an open meeting law and not understand why your board would not meet in such a way.

JPM
BjW1 (Florida)
Posts: 24
Posted:
thank you for all your wise information. We have 42 units 4 Bod members
Pres, VP, Sec, Tres. How do you have more? I don't mind the open meeting idea
but sometimes we have to discuss deliquent accounts and I thought that was a private issue, or when someone is violating a ccr. We always discuss things
that we are considering until all Bod members agree or table the issue.
BradP (Kansas)
Posts: 2,640
Posted:
You can have at large board positions, it is a good idea to have on odd number. Read your docs and see what you are allowed. You can have an executive session in your board meeting to discuss the private matters, no decisions can be made and no minutes are taken. But it is a good idea to have open board meetings. Your president or chairperson needs to be a strong leader to keep the meetings in line. It isn't hard, explain the rules up front. People want an opportunity to listen and know what is going on.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
When we talked about collections we did NOT mention a person's name. We went by lot numbers or addresses. ONLY the board members had copies of the collection reports. Only the owner of the exact account was able to review their account. It was NOT open to anybody unless their was a distinct need to know.
Refering to lot numbers allowed us to openly discuss the situation without mentioning names of those involved. Many had very personal issues that didn't need to be known to everyone why they weren't paying.

Former HOA President
BjW1 (Florida)
Posts: 24
Posted:
I couldn't believe my eyes!! I just returned home to find these very same neighbors that have been giving me the stress for the last 6 weeks about following rules and getting their permission and keeping them informed to find that they have violated the architech rules and have added shutters to their home all around (the charleston type that completely cover the window and taper out at the bottom)instead of the flat ones at the side of the window on the wall of the house that is allowed and not a word to us of their plans!! I am shaking with stress!!
MicheleD (Kentucky)
Posts: 4,491
Posted:
When we are working projects and getting bids, we assign the projects to working committees. The working committee, which is often made up of board members, of however many in size, then can do all the leg work, meet with vendors, obtain bids, etc., then compile the information to present at an open board meeting.

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