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KerryL1 (California)
Posts: 14,550
Posted:
I cannot find the information I want in Robert's Rules (11thEd), but our Board of has long practiced addressing one another during open board meetings. None of us have ever "payed" to the audience.

Our newish president, however, gave quite a speech to the audience of homeowners about our upcoming expenses and how this meant our Board shouldn't approve any requests by committees or directors to aesthetically maintain our common areas by replacing old items that we've reserved for.

The item was not on the agenda. The board has never voted to take this hyper-conservative approach.

Was the president out of order? Where can I find information about this topic in Robert's? Or elsewhere?

GenoS (Florida)
Posts: 4,276
Posted:
I think it has less to do with Roberts Rules and more with the president trying to exert influence and salt the mine for his or her own long-term agenda. At our board meetings, the president would be able to do the same thing during the "Reports of Officers" portion of the meeting. Our presidents usually give a President's Report at that time and those reports are variously fluffy "happy holidays", "please volunteer rah rah", or bully pulpit type speechifying.

I think it's up to the board to let the president know that setting forth a personal agenda under the color of board authority and policy is unacceptable. Only the board, as a whole, can make those decisions and pronouncements. It sounds like your cart wants to lead the horse.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry I left "talks to" from subject line

Thanks, Geno. We don't have an officer's report section, only treasurer's report. I strongly recall seeing something in Robert's Rules about board members at board meetings addressing only one another during the business portion of the meeting.

In the past we had a couple of posters who contributed who were very familiar with RONR (Robert's Rules0, Bruce of CT specifically. I've tried to get on a Q&A site, but can't seem to register. If I can't find it, I guess I'll have to put a clarification request--or some such-- on our next agenda.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Out of order? Probably not.

We actually encourage written officer reports, vs. verbal.
It makes the meeting go quicker.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 03/02/2017 2:56 PM
Out of order? Probably not.

We actually encourage written officer reports, vs. verbal.
It makes the meeting go quicker.

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, open board meeting agenda items must be posted 4 days before the meeting.

We only have only the PM's, treasurer's and committee reports on our agenda. They come to us in writing and the treasurer or committee chair summarizes the reports and requests motions (or makes one the treasurer's)

I'm not sure why the meeting would go more quickly with a president's report since the president added 5 minutes to the meeting and interrupted the agenda with her speech.
I'll keep searching off & on.
RichardP13 (California)
Posts: 3,868
Posted:
While I was on my Board each Director had the opportunity to address the audience on a topic they felt they wanted to address. It was part of all of the other reports that might have been on the agenda.

If you or others on the Board have an issue, which it seems they do, then you have then option to speak to them at the next open meeting or remove her as president.

Quick frankly, what is the issue? people have opinions, BUT no action was taken as a result.
KerryL1 (California)
Posts: 14,550
Posted:
Good question: The issue? The prez made it sound like our HOA is financially weak so we can do nothing aesthetic. That is not all directors' opinion, but she made it sound as if it was the Board's policy and shared opinion. She prefaced her off-the-cuff remarks by saying to the audience, "You hafta understand, blah, blah, blah..."

I was very happy when the meeting began as we had maybe 6-8 (of a total of 25 attending ) new owners in attendance. The next day one of them approached my spouse and worried loudly that she should not have bought a condo here if we're in such bad shape.

It would be a nice touch if all directors had a 2-3 minutes generic place on the agenda for "Board Members' reports. At present no one including the president has this power to speak so far as I know.

I'm hoping we can take her aside and suggest that she stick with the agenda as r equipped in CA--too premature to think about removing her, imo.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 03/02/2017 6:11 PM
Good question: The issue? The prez made it sound like our HOA is financially weak so we can do nothing aesthetic. That is not all directors' opinion, but she made it sound as if it was the Board's policy and shared opinion.

Did you interject and "clarify" the issue from your viewpoint?

If not, you should have - as that was the time it should have been done.
It also may have stopped the address to the audience and returned the discussion to board business.

I would also like to clarify my earlier posting.
If anyone felt such an address was needed, it should have been done at the open forum time frame or when the specific topic arose.

RichardP13 (California)
Posts: 3,868
Posted:
Has this "newish" president been on the Board for a while or is this a new Director. WHY??? was she elected as the president, IF she is new, especially in a complex that you have described as one of the more complex properties people have had to deal with?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By KerryL1 on 03/02/2017 12:07 PM
I cannot find the information I want in Robert's Rules (11thEd), but our Board of has long practiced addressing one another during open board meetings. None of us have ever "payed" to the audience.

Our newish president, however, gave quite a speech to the audience of homeowners about our upcoming expenses and how this meant our Board shouldn't approve any requests by committees or directors to aesthetically maintain our common areas by replacing old items that we've reserved for.

The item was not on the agenda. The board has never voted to take this hyper-conservative approach.

Was the president out of order? Where can I find information about this topic in Robert's? Or elsewhere?


And ... after that speach how many Board Members stated ... That item was not on the agenda. Is this something you would like added to a future agenda for the board to further address???
KerryL1 (California)
Posts: 14,550
Posted:
To tell the truth, I was caught completely by surprise as this NEVER has happened in the 10 years I've been on the Board! So, I did not interrupt her. When she was done, I did turn off my mic and say to her: "At a board meeting we really should just address you or you address us." She replied that the president may address the audience. She did not make her speech during the treasurer's report which MAY have made sense.

So, as I asked above, is there a good place where I can research this conduct? I still haven't completed my search of Robert's Rules.

Yes, she was elected by the board to be president the same night she was elected director about 6 months ago. She'd served for 6 months ahead of that on our Finance Comm. While I don't see how this has anything to do with my question, Richard, a majority on the board was very--perhaps overly--impressed with the fact she's a retired lawyer. I know it's not a property manager's job to know Robert's Rules, but I thought perhaps you do. While we have a very complex building and budgets, our PM & engineer take care of those things.
RichardP13 (California)
Posts: 3,868
Posted:
Having serve on a Board for Los Angeles's Neighborhood Councils, I happen to know both Robert's Rules and Standard Code of Parliamentary Procedure by Sturgis. Unfortunately, there is nothing in neither that would prohibit the actions of the President. I believe an attorney would be schooled in one form ofr the other of parliamentary procedure.

If what you stated is complete, the president addressed the audience or made a speech. There being no two way conversion, in my opinion didn't come close to violating the spirit of the Open Meeting Act. As I say, I used to do that at every meeting whether it was on the agenda or not.

Maybe, as she is a retired attorney, you might ask her what authority she had to address the audience.

In addition, unless your Bylaws say differently, only annual meetings must be conducted using some form of parliamentary procedure.
KerryL1 (California)
Posts: 14,550
Posted:
You're right, Richard, only members meetings in our HOA need to be conducted using RONR. We as a board long ago, though, voted to go to Robert's when there are areas not covered by our bylaws. Most common is the proper way to make motions to reconsider decisions previously made that evening, or motions to rescind or amend motions passed at previous meetings.

The new president has studied RONR to some extent and has cited it. I do believe agendas matter as does the Open Meeting Act in CA. If, for instance, Homeowners knew in advance via the stature-required posting she was going to make a speech about finances, more -or fewer-- might have attended.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 03/03/2017 2:44 PM
I do believe agendas matter as does the Open Meeting Act in CA. If, for instance, Homeowners knew in advance via the stature-required posting she was going to make a speech about finances, more -or fewer-- might have attended.

WOW, now that is a stretch. The world is not going to come to an end because you disagree with what a person may or may not have said at a monthly meeting.

Curious, if you have all this knowledge, why didn't you step up to the plate and become President?
KerryL1 (California)
Posts: 14,550
Posted:
The main issue here, I believe, is that in CA, as you well know, and as I wrote above, items discussed at meetings must be posted 4 days in advance. We've been very strict about that at our MC's advice. So something like President's Report on Reserves to Owners might have been the item.

2nd were the errors in "Lee's" presentation that frightened some Owners. The speech seemed to indicate that the Board agrees with with her opinions.

I can't imagine why you're so interested in my roles, but to satisfy your curiosity, I was president for a year during the height of our multimillion dollar defect litigation. I was asked to serve again the following year and demurred, but no one else stepped up so I finally agreed even though, as I informed the then board, I'd be traveling abroad for 3 months of my 1-year term, which I did. Before & after those terms, I've been secretary which suits me, our PM, the Board and our membership very well.

Meantime, to return to my OP, I'll slog more through Robert's Rules over the weekend. I do think there also might be a CA statute that'll help me, butt I need to look for it.
RichardP13 (California)
Posts: 3,868
Posted:
Trust me, there isn't. Besides, why not go directly to your experienced, PM, attorney and/or MC CEO.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

Is the problem that the President spoke on a non agenda item or that you did not like the message? Had she spoken on something more positive would you be pursuing this?
KerryL1 (California)
Posts: 14,550
Posted:
Good question, John. It's true I disagreed with her message. But it's also true and more relevant that she presented some incorrect information to homeowners in a way that's never been done on our Board for the 12 years I've either attended open meetings or served on the Board. Her address was not on the posted agenda, which is required in CA. In fact it was an interruption of our agenda.

If she'd made similar and shorter remarks during discussion & debate of a motion, it would have been appropriate.
RichardP13 (California)
Posts: 3,868
Posted:
The following is from your favorite source:

Starting January 1, 2008, board meeting agendas must be posted along with the notice of meeting. (Civ. Code §4920.) With the following exceptions, boards are not allowed to discuss or take action on any item not on the agenda. As provided for in Civil Code §4930(a):

Board members and their agents (including managers) may briefly respond to statements or questions from association members, ask clarifying questions, make brief announcements, or make brief reports on their own activities.

I am sure that this person, as a retired attorney, will continue to address the audience in their own way.
KerryL1 (California)
Posts: 14,550
Posted:
I'm very aware of this civil code: "Board members and their agents (including managers) may briefly respond to statements or questions from association members, ask clarifying questions, make brief announcements, or make brief reports on their own activities."

The prez did none of those things. The closest would be a " brief report," but it was not as it was off the cuff, it was not brief, and did not involve her own activities, just her own opinion.

I'll let you know if this bully-pulpit conduct persists. I suspect not.
RichardP13 (California)
Posts: 3,868
Posted:
Apparently, you are trying to find something that is not there. There is a Robert's Rule of Order forum, must like this. It has some very knowledgeable individuals answering questions.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kerry,

Keep in mind that under the same law Richard cited, you could do the same thing.
Perhaps you may want to do this if it occurs a second time.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks Tim, I know I have the option and keep that passage-Civ. §4930(a) -- in my Board Book binder in case I need to cite it. But I wouldn't use it unless I had an actual self-compiled report, not random, reckless finance babble. .

I finally found two relevant passages in RONR (11th ed.) p. 219: I may interrupt her or anyone who strays from our posted agenda by "calling for the orders of the day," in other words demand that we conform to the (Posted) agenda. This fits with CA's Open meeting Act anyway, so I would refer instead to that Civil Code--4930.

Different but related, p. 48, #25 (3), "the chair could make a statement indicating the effect of the vote, or order its execution, if needed or appropriate." A five minute speech is not a “statement,” and in this case it was either appropriate nor needed. Instead, p. 49, 25, the chair should immediately move on to the next order of business, which to my mind brings us back to the “orders of the day,” or my insisting she stick to or agenda.

As for all directors having a chance at every meeting to make whatever remarks strike their fancy, I don’t think it’s useful in managing the agenda. With seven directors, you can imagine….!

I did not find anything about any directors not playing to the audience except that directors should direct all their debate, discussion, etc. to the chair.

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