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Sunday Meetings.

Started by ReneeC4 • 18 replies • 1721 views

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ReneeC4 (California)
Posts: 50
Posted:
Are meetings allowed to be scheduled on a Sunday where they are considered "holidays".

"Example... When giving a 10-day notice of a disciplinary hearing, count days not hours. When counting days, count calendar days, excluding the first day. If the last day of the notice period falls on a Sunday or a holiday, extend the time to the next non-holiday."
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is it 10 days or 10 Business days? If it is Business days then it excludes Federal Holidays and weekends. Otherwise it is 10 days from the date of notice.
Former HOA President
ReneeC4 (California)
Posts: 50
Posted:
The question was more "are we allowed to have meetings on Sunday where they are considered a "holiday".
RichardP13 (California)
Posts: 3,868
Posted:
I don't see anything that says you can't.
ReneeC4 (California)
Posts: 50
Posted:
Thank you.

How does scheduling regular meeting days differ from scheduling disciplinary meetings? If we can't hold disciplinary meetings on Sunday, how can we schedule the monthly meeting on a Sunday?

This is the page.

http://www.davis-stirling.com/MainIndex/DayDefined/tabid/4406/Default.aspx#axzz3hxJrmRrD
RichardP13 (California)
Posts: 3,868
Posted:
Renee

What you cited first is an example of a 10 day notice for hearing. But remember, that page is just an opinion. IF meetings on a Sunday or holiday were not to be held, it should have been included in the section of Civil Code identified as "The Davis Stirling Act".
ReneeC4 (California)
Posts: 50
Posted:
Yes, what I cited was a 10 day notice for a hearing in which it inferred that if the "deadline" fell on a holiday (Sunday) you are to push it to the next day. I wasn't sure if that held true for ALL meetings, or just disciplinary meetings.

Even though it is just an opinion, is it an opinion that we should be abiding by?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By ReneeC4 on 10/11/2016 9:53 AM
Even though it is just an opinion, is it an opinion that we should be abiding by?

Why?? Are they your legal counsel?
ReneeC4 (California)
Posts: 50
Posted:
Everyone refers me to the Davis-Stirling for guidance, hence it seems its opinions are respected, reasonable and lawful. I cannot presume to know what they have encountered to make such a recommendation, but usually it's based on actual situations that I know nothing about. Generally, respected experts have very good reasons for recommending what they recommend.
RichardP13 (California)
Posts: 3,868
Posted:
Renee

I believe in a majority of their opinions, more so when it actually cite statues and case law.

In this particular instance, if you were on the Board, I would use it as guidance as to when YOUR Board would hold meetings, and create a written policy based on that opinion, remembering, because it's an opinion, someone down the road could change it.
ReneeC4 (California)
Posts: 50
Posted:
I wasn't researching Sundays, but was trying to figure out meeting notice requirements when I ran across that tidbit. We JUST changed the upcoming monthly meetings to Sundays, so I was like "Aw man!".

We weren't notified properly of the last meeting and I want to make sure it's correct the next time. This is the first time the rules have been updated in 20 years and they haven't been followed/enforced in a decade. We have some aggressive people up in here, so this place is about to get volatile.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By ReneeC4 on 10/11/2016 9:01 AM
The question was more "are we allowed to have meetings on Sunday where they are considered a "holiday".

Who is the "they" that considers Sunday a holiday? I do not consider any day to be a holiday unless it is declared as one by a government entity with jurisdiction to do so.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By ReneeC4 on 10/11/2016 9:53 AM
Yes, what I cited was a 10 day notice for a hearing in which it inferred that if the "deadline" fell on a holiday (Sunday) you are to push it to the next day. I wasn't sure if that held true for ALL meetings, or just disciplinary meetings.

Even though it is just an opinion, is it an opinion that we should be abiding by?

Years ago I recall reading in one of the Arizona rules of court, which are base mostly on federal rules, that when a response is required, 11 days or more are counted as calendar days while 10 days or fewer are counted as business days. Business days exclude Saturdays, Sundays, and holidays.

Since a person is not required to respond to a notice of a meeting I would see nothing to prevent holding a meeting on a Sunday (or a Saturday or a holiday.)

RichardP13 (California)
Posts: 3,868
Posted:
In California, Sunday is considered a "holiday" per government code.
ReneeC4 (California)
Posts: 50
Posted:
Correct, Richard. So do you see any potential problems with scheduling the meetings for Sundays? They will be every month for about 3 - 4 more times dealing specifically with rule changes. If someone wanted to make trouble, could they? They board scheduled this past meeting on a Sunday and it had a good show and they seemed pleased with the numbers (it's my first meeting). It was discussed to keep it on Sundays because it worked for everyone there. I'd hate to trip the momentum, but as I said, we have people who are looking to make waves.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Board meetings should be scheduled at the convenience of the Board (to maximize the number of Directors that may attend).

There is nothing I am aware of (other then perhaps common courtesy) preventing the Board from scheduling meetings at any time or on any day. For any violations, you should offer the member to suggest dates if the scheduled date does not work so they can attend).

My TN HOA held their annual meeting on a Sunday afternoon.
My VA HOA holds their annual meeting on a Thursday night.

My VA Board starts meetings at 6:30 p.m. because it works for us (even though many members don't get home before 7 due to traffic).

Schedule as you need to.
You will never please everyone, so don't try.

DouglasK1 (Florida)
Posts: 2,046
Posted:
I agree with Tim that I'm not aware of anything that would preclude scheduling board or member meetings on Sundays. I also agree with him that board meetings should be held when most or all board members can attend. If the best day for your board is Sunday, go for it.
Escaped former treasurer and director of a self managed association.
ReneeC4 (California)
Posts: 50
Posted:
Thank you. I agree we can't please everyone, yet this question wasn't about pleasing anyone at all, but more about what we are allowed or not allowed to do. If we were not supposed to meet on Sundays due to it having a holiday status in California, then we would find an alternative day. If that isn't an issue, then it's "problem solved".
KerryL1 (California)
Posts: 14,550
Posted:
As others have written, Renee, there's nothing that prevents your Board from holding Sunday board meetings. I know of one smallish beachfront HOA where almost all the Owners only are there on weekends. They have Sunday meetings.

The big hurdle here to prevent my HOA from doing this is our MC contract states we must pay OT to our PM & her asst. for meetings held any time between Fri. afternoon & Monday AM, and for any evening meetings beyond 2 per month. We've had a few of the latter over the years, but haven't been charged.

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