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GreggK2 (Kansas)
Posts: 86
Posted:
I think one of our board members is playing double agent. She seems to know about an anti-HOA movement that has been going on for a few weeks and is only now letting us know about it. She also emailed info that makes the appearance she has been sharing board communications with non-board members. In tonight's email, she implied something that makes me think we are about to get ambushed at our 2nd quarter meeting. So I began to wonder if we could change the date and time and would we have to let the home owners know about it. Bear in mind, no home owner has ever attended a quarterly meeting but it sounds like a group is planning to drop in.

I opened our governing documents and there is no reference to a quarterly meeting, only an annual one. If we are not required to have a quarterly meeting I'd rather cancel it now and avoid the ambush.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Gregg,

Typically HOA laws or your governing documents may address the minimum number of times a board is to meet.

If you live in an open meeting State, then who cares what is shared (unless it's about the ongoing litigation). If it's info shared in executive session, then that would be grounds to remove them from any officer position and, perhaps, keep them out of the executive sessions where litigation issues are discussed (or simply don't have them anymore). You may want a legal opinion.
GreggK2 (Kansas)
Posts: 86
Posted:
Tim, none of our governing documents say anything about quarterly meetings, just the annual meeting. Our concern is not about information being shared but rather we are about to get ambushed by some disgruntled home owners. Specifically, 1 that we had a legal issue with a year ago and another who we are currently in litigation with now. Our attorney has told us not to have contact with them so we have heard they plan on just showing up. If we don't have to have a quarterly meeting then we want to cancel it. Besides, me and the other 4 board members talk every week so it is not like we would have anything new to say. We only had the meetings because we thought we had to. I've emailed this question to our attorney.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Per KS 58-4612 (c) , if applicable:

After termination of the period of declarant control, the board of directors shall meet at least once a year and such meetings must be at the common interest community or at a place convenient to the community unless the unit owners amend the bylaws to vary the location of those meetings.

When Board meetings are held would be at the discretion of the sitting Board unless the governing documents require specific dates.
ND (PA)
Posts: 792
Posted:
In addition to what Tim said about maybe not even being required to hold the meeting . . .

Consider holding the planned meeting anyway. Chances are that nobody will show up. But if they do show, you can decide whether you want to hear what they have to say (but not respond) or ask them to leave. If they don't leave, then just adjourn the meeting and you can leave. Having the meeting might also give you an opportunity to get actual evidence of this other board member's involvement/knowledge of what's going on.

I assume your meetings are held someplace where people could actually just drop in.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
ND gave good advice. Get the issues/people out in the open ASAP. Do not let them cower you.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with ND & JohnC. You've been pretty nervous in your posts, Gregg, and some of your concerns are based on gossip & rumor.

Get it out in the open. If there's rudeness or disruption, follow ND's advice. I don't think it's a good idea to appear to be afraid of "them."

I'm not sure the distinction has been made in this thread about Members (homeowners) Meetings, and Meetings of the Board.

Your bylaws should say how often you need to hold board meetings. Ours say quarterly. They also should say how often you must hold members meetings. Ours say annually and that when most HOAs hold elections for directors.

Tim's citation seems to be about meetings of the Board: "at least" annually.

And Tim raises another point. Are meetings of the board required to be open to homeowners in KS?

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