"Impromptu" meeting

ThomasD2 (California)
Posts: 208

Posted:

I live in an HOA in Southern California. Yes, I know, everything in California is different.
We are having a sudden meeting because several people were upset at a sudden large project that commenced with few of the residents even having heard about it, and certainly no notice of a contract being signed. A board member has complained that this upcoming meeting has had far too short notice, with no public posting of the meeting on the usual bulletin board, and says it should be rescheduled. The PM offered the opinion that, no, this is an "impromptu" "informational" meeting, so the rules don't apply; people received an email instead. Is there such a thing as an impromptu meeting with more lose requirements ?

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By ThomasD2 on 12/07/2016 4:15 PM
I live in an HOA in Southern California. Yes, I know, everything in California is different.
We are having a sudden meeting because several people were upset at a sudden large project that commenced with few of the residents even having heard about it, and certainly no notice of a contract being signed. A board member has complained that this upcoming meeting has had far too short notice, with no public posting of the meeting on the usual bulletin board, and says it should be rescheduled. The PM offered the opinion that, no, this is an "impromptu" "informational" meeting, so the rules don't apply; people received an email instead. Is there such a thing as an impromptu meeting with more lose requirements ?

Yes, it's called a town hall meeting, where NO action can be taken. It is not a Board meeting, it's just an informal meeting among homeowners.

KerryL1 (California)
Posts: 14,550

Posted:

If a quorum of the Board will attend it is, in CA, a board meeting and 4 day's notice of the agenda needs to be posted.

I think that's so even if only informational. Ask your PM to show you where in CA legislation an "impromptu" meeting actually exists!

How many days notice were given, Thomas?

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By RichardP13 on 12/07/2016 5:12 PM

Posted By ThomasD2 on 12/07/2016 4:15 PM
I live in an HOA in Southern California. Yes, I know, everything in California is different.
We are having a sudden meeting because several people were upset at a sudden large project that commenced with few of the residents even having heard about it, and certainly no notice of a contract being signed. A board member has complained that this upcoming meeting has had far too short notice, with no public posting of the meeting on the usual bulletin board, and says it should be rescheduled. The PM offered the opinion that, no, this is an "impromptu" "informational" meeting, so the rules don't apply; people received an email instead. Is there such a thing as an impromptu meeting with more lose requirements ?

Yes, it's called a town hall meeting, where NO action can be taken. It is not a Board meeting, it's just an informal meeting among homeowners.

Thanks, never heard of this, and I saw this on Davis Stirling about town hall meetings.. http://www.davis-stirling.com/tabid/3124/Default.aspx

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By KerryL1 on 12/07/2016 5:28 PM
If a quorum of the Board will attend it is, in CA, a board meeting and 4 day's notice of the agenda needs to be posted.

I think that's so even if only informational. Ask your PM to show you where in CA legislation an "impromptu" meeting actually exists!

How many days notice were given, Thomas?

The meeting is on 12/10. I requested mail, not email, notice of meetings, which I understand I have the right to do. It is 12/7 and I have only received email notice. The meeting has not been posted anywhere except in emails. I noticed in an email a second board member has said the date should be changed . Too many emails, they should stop it. I'm glad a board member is causing an uproar, it may help to change our sloppy business practices.

KerryL1 (California)
Posts: 14,550

Posted:

Remind us, Thomas: Are you on the board? I/m not going to the D-S.com citation, but i bet it says the meeting agenda must be posted. in a public place 4 days in advance.

RichardP13 (California)
Posts: 3,868

Posted:

Thomas

To the people who received an email notice of the meeting. Was there an agenda included? Does it says it's a Board meeting?

As long as there is NO action taken at the meeting, I guarantee that no disciple action would be coming your way. My suggestion, make sure only 1 of your 3 Board members shows up.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By RichardP13 on 12/07/2016 5:12 PM

Posted By ThomasD2 on 12/07/2016 4:15 PM
I live in an HOA in Southern California. Yes, I know, everything in California is different.
We are having a sudden meeting because several people were upset at a sudden large project that commenced with few of the residents even having heard about it, and certainly no notice of a contract being signed. A board member has complained that this upcoming meeting has had far too short notice, with no public posting of the meeting on the usual bulletin board, and says it should be rescheduled. The PM offered the opinion that, no, this is an "impromptu" "informational" meeting, so the rules don't apply; people received an email instead. Is there such a thing as an impromptu meeting with more lose requirements ?

Yes, it's called a town hall meeting, where NO action can be taken. It is not a Board meeting, it's just an informal meeting among homeowners.

It is a town hall meeting only if it is a membership meeting. If the board calls for the meeting and intends to preside over the meeting, then it is board meeting. "If the board were to call a town hall meeting, proper notice must be given. If a quorum of directors will be in attendance then at least four-day's notice must be given. If the board intends to vote on business at the meeting then it's a town hall meeting coupled with a board meeting and appropriate notice must be given." source: http://www.davis-stirling.com/tabid/3124/Default.aspx

RichardP13 (California)
Posts: 3,868

Posted:

Larry

What you posted is just an attorney's opinion. A Board can call for a town hall meeting, send out flyers and as long as a quorum of directors don't attend, then you are ok. I have had times when the Board calls a Saturday Board meeting, only two of five show up and we have a town hall chit chat.

Thomas said the meeting is on the 10th, but doesn't say exactly when the email was sent. If he requested snail mail, it is very possible the meeting could be held prior to him receiving the notice.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By KerryL1 on 12/07/2016 6:25 PM
Remind us, Thomas: Are you on the board? I/m not going to the D-S.com citation, but i bet it says the meeting agenda must be posted. in a public place 4 days in advance.

I am not on the board. But a board member told me she was upset about the way it was scheduled. I only received email notice, I've said in the past I want notice in writing, which I believe I am entitled to. At any rate, I think turn out will be poor.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By RichardP13 on 12/07/2016 7:19 PM
Thomas

To the people who received an email notice of the meeting. Was there an agenda included? Does it says it's a Board meeting?

As long as there is NO action taken at the meeting, I guarantee that no disciple action would be coming your way. My suggestion, make sure only 1 of your 3 Board members shows up.

Again, I did not mean to imply I am on the board. I received an email notice from the PM saying that "this is just an impromptu current events meeting, not a formal HOA meeting." But again, I wondered what the heck was an "Impromptu" meeting? Also, again, I specifically signed a form for mail, not email, notice of meetings. The PM usually knows her HOA law and I wondered where this notion of a meeting came from.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By KerryL1 on 12/07/2016 5:28 PM
If a quorum of the Board will attend it is, in CA, a board meeting and 4 day's notice of the agenda needs to be posted.

I think that's so even if only informational. Ask your PM to show you where in CA legislation an "impromptu" meeting actually exists!

How many days notice were given, Thomas?

I received email notice on the 6th, the meeting is on the 10th. But, again, it was listed as just an "impromptu" meeting, not a "formal" meeting. There was no notice posted on the property. I believe that 4 of 6 board members will likely be in attendance. But, of course, it gets better; our bylaws enumerate five board members, not six. One was added last year at the end of voting. I enjoyed it at the last meeting when the sixth member couldn't remember what position she held on the board.

RichardP13 (California)
Posts: 3,868

Posted:

Thomas

It appears you and others received the required 4 day notice. If 4 of the 6??? directors show up and hold just a town hall meeting where no action is taken, what is the big deal? Not knowing what is in the notice, I won't speculate what is being done.

My opinion, no harm, no foul. Now, why would you have 6 board members for a 22 unit complex?, let alone 6.

ThomasD2 (California)
Posts: 208

Posted:

Quote:

Posted By RichardP13 on 12/07/2016 11:24 PM
Thomas

It appears you and others received the required 4 day notice. If 4 of the 6??? directors show up and hold just a town hall meeting where no action is taken, what is the big deal? Not knowing what is in the notice, I won't speculate what is being done.

My opinion, no harm, no foul. Now, why would you have 6 board members for a 22 unit complex?, let alone 6.

No, I agree, it is not a big deal, but I could not figure out what was going on. The meeting was called because a board member was upset about a recent large project that commenced with no public discussion. She is upset because 1) she is unable to attend the meeting and wanted to reschedule, but I am not sure they are all speaking to one another 2) there was no agenda, just an email notice saying this was "informal, informational" meeting. 3.) there was little advance notice.

The surprise for me was that the PM is usually the adult in the room ( we can desperately use one) and sends out an email only notice saying "there is an informal , informational" meeting. And I was like what the hell is that? That's an agenda? What kind of meeting is this? It felt like an all new concept out of thin air. The I wondered if it was.

RichardP13 (California)
Posts: 3,868

Posted:

Thomas

I wonder if this "project" was voted on in open session, was it on an agenda, and does your association have open forum. The only concern I might have if the project directly impacted the individual homeowners, like putting new light fixtures at each of the residences. If it was to replace all the sprinklers and it was approved at a properly notice open session meeting, then democracy has been served.

The meeting could be just that, an informal meeting. There might a few on this site that would say if you have a quorum of directors then its a Board meeting. So, there is nothing that says "ANY" action must be taken at a meeting. It could be just as it was advertised, an informal, informational meeting.

SueW6 (Michigan)
Posts: 814

Posted:

Your post is a little confusing. You say:

'The meeting was called because a board member was upset about a recent large project that commenced with no public discussion."

A "large project" would have had a budget and would have needed board passage, right? Are you saying that there was no motion or approval for this project to even take place?

Or are you saying that HOA members simply want an informational meeting to discuss the process and the progress of the project and get their question answered by the board who approved the entire project? In that case, members just want to know what's going on.