can a postponed agenda content be changed

Started by JackP4 • 15 replies • 1727 views

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JackP4 (California)
Posts: 20

Posted:

There is a great deal of displeasure with the board of directors of our hoa security assoc. We are a single family home hoa. We complained that we could not fit all of the people in the room at one time and with the legal info the board said that they would reschedule the meeting. Well we got the date and time and a completely new agenda!!! If they reschedule the meeting, do they not HAVE to use the same agenda?--Thank you for your help, we are in a mess!!

KerryL1 (California)
Posts: 14,550

Posted:

First, what is a HOA Security Assoc.--the word security puzzles me.

Why can't you all fit in the meeting room? You say there's a golf course, isn't there a room big enough there? How will there be enough room at a rescheduled meeting?

What DID happen to the agenda that wasn't discussed? Did the Board meet in secret to discuss it & vote on it?

But you've asked a good question: Must the Board conduct a meeting with those same agenda items on it? I'd say if they did not in indefinitely postpone all of the original agenda items, and that motion's recorded in the minutes, they should discuss and act on them at the rescheduled meeting.

What do you mean by "legal issue"?

KerryL1 (California)
Posts: 14,550

Posted:

RichardP13 (California)
Posts: 3,868

Posted:

Jack

The board does not have to follow the same agenda. As long as the next agenda is properly noticed and posted, this will suffice. Things could have changed.

NinaR (Florida)
Posts: 26

Posted:

Jack, this does sound like a mess! How many homes are in your community? Do you have an HOA Attorney? What about a licensed Property Manager?
Kerry asked some great questions. Why was meeting REALLY postponed? With 48 hours you can change the agenda and the location.
If I were you, I would lead the residents to ask some very pointed questions at your board. Aside from seeing all the past Minutes (legal document) and agenda, you can also ask for past and present copies of your financial reports. If you have a community webpage, your Property M can post the financials which can only be view by the homeowners (not the renters)of the community.

JackP4 (California)
Posts: 20

Posted:

Quote:

Posted By NinaR on 02/01/2016 7:41 AM
Jack, this does sound like a mess! How many homes are in your community? Do you have an HOA Attorney? What about a licensed Property Manager?
Kerry asked some great questions. Why was meeting REALLY postponed? With 48 hours you can change the agenda and the location.
If I were you, I would lead the residents to ask some very pointed questions at your board. Aside from seeing all the past Minutes (legal document) and agenda, you can also ask for past and present copies of your financial reports. If you have a community webpage, your Property M can post the financials which can only be view by the homeowners (not the renters)of the community.

1500 homes. Attorney and property manager in bed with security assoc. We have about 5 HOA's within the gates. The Security Assoc is the only common thread linking them together.

RichardP13 (California)
Posts: 3,868

Posted:

Jack

The elections, amending governing docs can be done over a couple of properly adjourned meetings. Recalls have one shot. Only a guess, but I am assuming you need a quorum of a majority of owners, which could be 751 and then you need that same number to approve the recall of the directors.

Is this what your Bylaws state?

JackP4 (California)
Posts: 20

Posted:

I could not find anything in the bylaws regarding recalling the entire board, just individual directors

NinaR (Florida)
Posts: 26

Posted:

If you have 5 HOA's do you also have 5 boards? 5 Attorneys? 5 PM's? If not, that is where I would begin. Hire your own HOA Attorney, for your HOA. Then a new PM. The board may run scared after that.
Aside from that, I would get a group together and make your neighbors aware of your concerns. Your home is most likely your biggest investment. A bad or corrupt board can harm the value.
The job of any board, whether it's Apple computer, GM, or our little HOA's, is to protect the investment (in this case your property). I don't think that many people understand that.

JackP4 (California)
Posts: 20

Posted:

We have one big wall around the entire golf course and homes. Then you have separate areas that have separate gates to get to the other 4 small communities. They all have their own HOA BUT we are all covered by the same security assoc which has IT'S OWN board. They tried to combine all HOA's in the past but it failed. The security assoc is the only way the CC can suck us ALL into paying for it's upkeep. By the way is there any way to edit our posts after we post something?

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JackP4 on 02/02/2016 5:52 AM
We have one big wall around the entire golf course and homes. Then you have separate areas that have separate gates to get to the other 4 small communities. They all have their own HOA BUT we are all covered by the same security assoc which has IT'S OWN board. They tried to combine all HOA's in the past but it failed. The security assoc is the only way the CC can suck us ALL into paying for it's upkeep. By the way is there any way to edit our posts after we post something?

Jack

While your documents list it as a Security Association, it is in reality what most other consider a Master Association. As you said, it is what everyone, at some point in time utilizes.

Each individual sub association will have their own BOD and the master generally is made up from all the subs.

As far as editing the post no, but you may be able to write to the moderator and have them remove that one specific post.

JackP4 (California)
Posts: 20

Posted:

that is what is different about our situation. They have tried to get the separate HOA's together into one but it did not work. Probably for the best as some have pools,tennis courts that are not being maintained right now and their HOA fees are much higher. I am real happy with the place, but just do not want to subsidize the CC.

SueW6 (Michigan)
Posts: 814

Posted:

Are you talking about the BOARD meeting or the ANNUAL MEETING that was so crowded (that there was no enough room?)

If this was the Annual Meeting, then shame on the Board for not renting the local school gym, if your membership is that large.

JackP4 (California)
Posts: 20

Posted:

It was a regular board meeting. I and others advised the Management company (who hopefully passed it on to the board) that there would be too many people to fit in the tiny board room, I am guessing 250 sf. We are in the middle of in my opinion, a battle with the board doing illegal things. I also contacted a board member who tried also. The way the board has done it in the past is have all of the homeowners wait outside and one at a time come into the building and speak.

KerryL1 (California)
Posts: 14,550

Posted:

I'd say, Jack, that your board's past practice is illegal in CA. Board meetings must be set-up in such a way that Homeowners (Members) who attend may see & hear the discussions, deliberations & votes.

Why can't you meet in the the Golf Club?

JackP4 (California)
Posts: 20

Posted:

Don't know that, the CC wants us to pay for part of their operations, you would think that they would be gracious to accommodate the prospective donors. We are going to meet at 2:00 in the afternoon at a public community club house down the street. (when working people would have a tough time to attend)

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