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GeorgeS21 (Florida)
Posts: 3,808
Posted:
So, just joined the Board for the neighborhood in which we actually live - recall I post about being on the Board in a neighborhood in which we have rental property.

I just received the draft minutes from the annual meeting at which I was elected ... the owner of the management company takes the minutes and then puts out the draft. Two things were stated I have not seen, before.

First - he notes his name, "XXXXX XXXXXX presiding," in the text. Can a management company employee "preside?"

Second - he notes (for the follow-on) Board meeting (occurs immediately following the annual meeting), the Officers were "Appointed." I've seen a brief exchange in one of the Hoatalk threads about this - but the end state was inconclusive. Our Bylaws say "elect" not "appoint."

Thoughts on either of these?

Thanks!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It depends on the contract you have with the MC. Some of them do "preside" over the meeting. Which is more like they are there in attendance and following what is going on. Apparently your HOA depends on them to take the official meeting notes versus your secretary. You may need to re-visit the contract between the MC and HOA. It can get blurred.

The members tend to vote in the board members. Once the board is elected the board members elect from themselves who get what office position. So it may come across as the office positions are "appointed" versus "elected".

If you are bothered that much by these notes, then correct them before they come official. They have to be voted on at next meeting to become "official".

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GeorgeS21 on 05/24/2018 2:51 PM
So, just joined the Board for the neighborhood in which we actually live - recall I post about being on the Board in a neighborhood in which we have rental property.

I just received the draft minutes from the annual meeting at which I was elected ... the owner of the management company takes the minutes and then puts out the draft. Two things were stated I have not seen, before.

First - he notes his name, "XXXXX XXXXXX presiding," in the text. Can a management company employee "preside?"

Second - he notes (for the follow-on) Board meeting (occurs immediately following the annual meeting), the Officers were "Appointed." I've seen a brief exchange in one of the Hoatalk threads about this - but the end state was inconclusive. Our Bylaws say "elect" not "appoint."

Thoughts on either of these?

Thanks!

Forget the draft, what do YOU remember happening?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By MelissaP1 on 05/24/2018 3:16 PM
It depends on the contract you have with the MC. Some of them do "preside" over the meeting. Which is more like they are there in attendance and following what is going on. Apparently your HOA depends on them to take the official meeting notes versus your secretary. You may need to re-visit the contract between the MC and HOA. It can get blurred.

The members tend to vote in the board members. Once the board is elected the board members elect from themselves who get what office position. So it may come across as the office positions are "appointed" versus "elected".

If you are bothered that much by these notes, then correct them before they come official. They have to be voted on at next meeting to become "official".

Sorry, being in attendance and "presiding" over the annual meeting are two different things. I might be wrong, but in all the MC contracts I have read, and it is a lot, I have never seen a MC preside over an annual meeting, as it would go against an association's Bylaws. The president is the presiding officer of the meeting and if they are not there and no other Board member want to, then a member can be appointed to run the member meeting.

I run a number of Board meetings because they either can't, don't know how or won't.
AugustinD
Posts: 5,144
Posted:
I have lived in three HOAs and have never seen a HOA manager either "preside" at meetings; run the meetings; or be appointed to preside at meetings. It is the main function of the President, not the manager, to "preside." Unless the Board told the HOA manager to run the meeting, I would be concerned that this manager does not know (a) the governing documents very well, where I bet the duties of directors, the president, and so on are laid out; and (b) that he takes direction from the Board. Unless the circumstances are extraordinary (like the whole board up and quit and the manager is trying to get new board members elected) a manager has no place saying he or she is "presiding" at a meeting of the members or the board.

I suppose it is possible this manager is lacking in education and thinks "presiding" has a different meaning than it actually does. Said lack of education and communication skills would concern me as well.

To me, "appoint" means only one person has made the decision for the person to serve in a position. Officers are usually elected by the board. The latter is not an appointment. Use whatever wording your governing docs (probably the Bylaws) use.

BenA2 (Texas)
Posts: 1,273
Posted:
If your governing documents do not say who presides over the annual meeting then anyone could do so. I have heard of managers presiding over annual meetings. It should be a board decision though, if the president doesn't preside.

If your bylaws say the board elects officers then, to be precise, that term should be used but it's just semantics. If they are appointed by voting, then it is an election.
KerryL1 (California)
Posts: 14,550
Posted:
I agree that "elect" is a better word than appoint, especially if it's used in your bylaws, but I don't think it's very important. Still, when it's time to approve the minutes, simply ask that the word be changed to elected.

Several years ago, our PM almost presided in that the then-board didn't know how to preside, make motions or anything. So they asked him to mainly preside while the prez just called the meeting to order and adjourned it. That was (just!) one reason we voted that Board out. But if the Board wants the PM to preside, there's really nothing wrong with it.

Our PM does play a bigger role at out annual meeting and our HOA attorney does too--I'd say there's about three way-spit of duties, but the president does act as the presider..

Richard's last sentence says it all.

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