Difference between Special Mtg & BOD Meeting

Gloria, there can be a special meeting of the members and there can be a special meeting of the Board. These are meetings called other than regularly scheduled meetings, such as the annual members meeting or the regular periodic Board meetings. In a special meeting notice, the purpose(s) of the meeting must be stated and only those items may be discussed and voted. This is true for either a member special meeting or a Board special meeting.

It is not wrong to send minutes of Board meetings to only Board members. If non Board members desire a copy the Board needs to know so they can consider providing them by mail, email, or website.

Hi Gloria,

"But during the year, our BOD has had meetings for just the BOD"

"and the BOD Meeting was just that...a meeting for Board Members"

Just to be sure . . . check your documents carefully including any state HOA law.

Most states have "open meeting" requirements. Our by-laws say that the BOD has to have regular meetings (to conduct it business). Both our by-laws and state law say 'at times most convenient to all members and that all meetings to open to each lot owner/occupant'. All meetings require 'resonable notice' to the members.

Tracy

Gloria,

Your HOA is not alone, ours is also similar with respect to meeting attendance and volunteers. In fact, I understand that annual meeting attendance at our HOA has gone from good to next to nothing over the past 2 or 3 years. Last year they just barely made the quorum to elect the board (the meeting consisted of previous BOD, the ones running for the new BOD and one other couple who was expecting to discuss a big issue. However, there was no agenda so the participation/discussion didn't materialize.

We've been here for 5 years now and tonight will be my first ever annual meeting. And I have a problem . . .

Not too long ago there was a couple of posts on this forum seeking ways to get positive participation in meetings. Maybe you could do a little sifting through.

We also used to have a newsletter and the board issued meeting minutes but last year we had NO communication from the board and this year was sporadic with very little content. Communication (i.e. with meeting minutes) was also the subject of a recent (long) post here.

I can say that I read every piece of paper that the BOD sends here and in talking with some of my neighbors over last couple of days many of then have/do too (although not all). Some even had a clue about what our governing documents say. I can also say that I appreciated the communication. At least I knew the status of the community or if there was an interesting or important subject that needed my participation.

Now whose HOA sounds sad?

Good Luck and keep up that "transparency".

T

Richard from looking at D-S it would seem that the members would only preside if the BOD doesn't call the special meeting after being presented with a valid petition. This is from davis-stirling.com:

Who May Call a Membership Meeting. As provided for in Corp. Code §7510(e), special meetings may be called for any lawful purpose by the following:

1. Directors. By the board, the chairman of the board, or the president.

2. Petition. By petition of the membership signed by at least 5% of the members. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Members are restricted on the purpose of special meeting.

3. Others. By such other persons as are specified in the bylaws.

Setting the Date. The date of the special meeting is set by the board and may not be less than 35 nor more than 90 days from receipt of request. Corp. Code §7511(c).

Notice of Meeting. The board has 20 days from receipt of the petition to set the date and give notice of the meeting. If the board does not do so, the persons calling the meeting may set the date and give notice. Corp. Code §7511(c). If the board fails to give notice, the petitioners may give notice which is not less than 10 nor more than 90 days before the date of the meeting. Corp. Code §7511(a). However, the 10-day minimum was modified by Civil Code §1363.03(e), which requires at least 30-days of balloting. As a result, notice must be at least 30 days. As provided for in Corp. Code §7511, notice may be given by any of the following means:

* first-class, registered, or certified mail,
* personal delivery, or
* electronically to those members who agreed to this method of notice

Agenda. Notice of meetings must specify those matters that will be presented for action by the membership. Civil Code §1363.03(e). Business at the meeting is limited to noticed items only; no other business may be transacted. Corp. Code §7511(a).

Parliamentary Procedure. Membership meetings must be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. Civil Code §1363(d).

Voting. Voting on issues may be done entirely through the mail without a meeting of the membership. If balloting is done without a meeting, a special ballot form must be used. A board or membership meeting is still required for purposes of publicly opening and counting the ballots.

Glen

So I take it then that the BOD will be the ones running the meeting instead of the one that called for the meeting in the first place. That's ok as I will build a web page that explains the reason behind the meeting and what we want to acheive.