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HOA Meeting Locations

Started by ChristinaB2 • 35 replies • 1172 views

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ChristinaB2 (California)
Posts: 23
Posted:
The HOA Management Company stated that meetings must be held in a building, I can not find anything in the Bylaws or CC&R's that substantiate this claim. Any advice they continually conduct this meeting in a different City than we even live, therefore most homeowners can not attend.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
The MC works for the Board.

The Board signed a contract with the MC.

What are the terms?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why is the MC holding the meetings? They should be attending the board meetings. NOT the other way around. The board is to call the shots. The MC is a hired contractor to the HOA. Seems to me unless it is in the contract with the MC to hold the meetings, I'd have the board set the grounds. It may be time to look for another MC if they are getting in the way of operations.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, Christine. Are you on the Board? Whether or not you are, your bylaws might say where meetings must be held. Often they'll say on or near the development. If the bylaws are silent, the board decides where meetings are held.

An exception might be that your contract with the Management company (MC) states meetings must be held at their offices. But even then, if your bylaws say on or near your premises, that part of the contract can't be enforced. Even if you're not on the Board, you have a right to review it. Ask for a copy in writing. Email is OK.
RichardP13 (California)
Posts: 3,868
Posted:
THERE is NO law that says meeting must be held in a building. Many hold them at their park or pool, some at Board members homes.

Can they be held at the MC's office, absolutely, as long as the Board agrees. Many Bylaws will state the Member meeting must be held within the county of the community, but can be held in the principal office of the association, which may be the MC.
ChristinaB2 (California)
Posts: 23
Posted:
Since I am new to the Board I have not seen the MC contract. This is a newer community.
ChristinaB2 (California)
Posts: 23
Posted:
The ByLaws state "All meetings of the Board shall ordinally be held within the Community, unless same is impractical, in which case meetings shall be held as close as reasonable possible to the Community in the Boards discretion"
RichardP13 (California)
Posts: 3,868
Posted:
You could find a meeting hall in which you might have to pay or use the MC for free.
KimberlyW2 (Tennessee)
Posts: 38
Posted:
We use our public library. They have a meeting room and it is free to use for the community.

If you have a very large ( and enthusiastic group- lucky you ) you could also rent a meeting room at a local hotel.

K.
JerryD5 (Colorado)
Posts: 218
Posted:
We have 4 quarterly board meetings and 1 annual meeting each year. We rotate the location of the quarterly meetings between eateries in the neighborhood. We do so because the meetings are not well attended and we might as well enjoy an adult beverage while we conduct business (and support a local business). We do hold our annual meeting in our MC's office (the company has a work/live home in the neighborhood; she lives upstairs and she works on the main level). We have also had our annual meetings at the library, rented meeting space and the local recreation center meeting space.
KerryL1 (California)
Posts: 14,550
Posted:
Do you have no meeting area/room in your HOA, Christine? Could a board meeting be held in someone's home? Or exterior common area?

Do read your contract with the MC. Your bylaws say "ordinarily," nearby, so if the MC contract says in their offices, you might be stuck. Also see what hours your PM will meet without charging extra. Ours, for instance, says we can have one meeting a month that extends beyond their normal work hours (5:30), but would have to pay extra if we had two such meetings.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Kerry,

I understand your point, but the MC works for the Board - the Board is usually, unless specifically called out in the contract, free to determine when and where ...
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, Georg, i must have written this badly. I agree with you.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Gah ...Kerry ...sorry, I missed the “contract” word in your post.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By ChristinaB2 on 06/10/2018 9:51 PM
The ByLaws state "All meetings of the Board shall ordinally be held within the Community, unless same is impractical, in which case meetings shall be held as close as reasonable possible to the Community in the Boards discretion"

It sounds like your management company is violating the bylaws. I would suggest that your board find a suitable location and inform the management company where and when the meeting will be.
RichardP13 (California)
Posts: 3,868
Posted:
Exactly how us the MC violating the Bylaws?
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By RichardP13 on 06/11/2018 8:52 PM
Exactly how us the MC violating the Bylaws?

"All meetings of the Board shall ordinarily be held within the Community, unless same is impractical, in which case meetings shall be held as close as reasonable possible to the Community in the Board's discretion"

The original post says that they conduct meetings in a city that is far enough away that homeowners can't attend. That seems contrary to "within the community" or "as close as reasonably possible." Not to mention the MC apparently is ignoring the part about it being the board's discretion.
RichardP13 (California)
Posts: 3,868
Posted:
You’re right, what would I know.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with Ben.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By BenA2 on 06/11/2018 9:21 PM
Posted By RichardP13 on 06/11/2018 8:52 PM
Exactly how us the MC violating the Bylaws?


"All meetings of the Board shall ordinarily be held within the Community, unless same is impractical, in which case meetings shall be held as close as reasonable possible to the Community in the Board's discretion"

The original post says that they conduct meetings in a city that is far enough away that homeowners can't attend. That seems contrary to "within the community" or "as close as reasonably possible." Not to mention the MC apparently is ignoring the part about it being the board's discretion.

I have 4 owners, out of 100 show up at a park for a meeting. Sorry, no showing up when having it at a MC's office is just an excuse!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I would say a meeting location within 5 miles of the community is acceptable. Further away is not within a reasonable distance.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Richard,

Why do you always write as if angry?

These are supposed to be interchanges of ideas ... while one of us may be right all the time, it isn't likely. :-)

I don't think I would be a part of a forum like this if it didn't make me feel like I could help someone - or, be helped by someone.

What's up?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GeorgeS21 on 06/12/2018 12:30 PM
Richard,

Why do you always write as if angry?

These are supposed to be interchanges of ideas ... while one of us may be right all the time, it isn't likely. :-)

I don't think I would be a part of a forum like this if it didn't make me feel like I could help someone - or, be helped by someone.

What's up?

EXCUSE ME?
KerryL1 (California)
Posts: 14,550
Posted:
Christine's bylaws say meetings are to b within or class as possible to the HOA. Imo, JohnC, 5 miles is too far. Unless they're way out in the country, surely there's silt able venue nearby.

What size is your HOA, Christine? How much room do YOU think meetings need?
KerryL1 (California)
Posts: 14,550
Posted:
Christine's bylaws say meetings are to b within or class as possible to the HOA. Imo, JohnC, 5 miles is too far. Unless they're way out in the country, surely there's silt able venue nearby.

What size is your HOA, Christine? How much room do YOU think meetings need?
BenA2 (Texas)
Posts: 1,273
Posted:
I agree it does make a difference where you live. When I lived in Northern Virginia outside of DC, five miles could easily be a 45 minute drive at 6:30 p.m. Where I live now five miles takes about 6 minutes if I get behind a slow driver.
ChristinaB2 (California)
Posts: 23
Posted:
We only have 67 homes in our community. We typically only have about 6-7 home owners attend at the current location. I think we can increase attendance if we have them in the community. I also found out today the MC is paying $100.00 for the off site location per meeting and we have about 4-5 meetings typically per year. We don't need much room we have a basketball court at our park, I think would work fine if we set up chairs there.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By ChristinaB2 on 06/12/2018 5:54 PM
We only have 67 homes in our community. We typically only have about 6-7 home owners attend at the current location. I think we can increase attendance if we have them in the community. I also found out today the MC is paying $100.00 for the off site location per meeting and we have about 4-5 meetings typically per year. We don't need much room we have a basketball court at our park, I think would work fine if we set up chairs there.

That bis the decision the Board, not the MC needs to make.
KerryL1 (California)
Posts: 14,550
Posted:
Isn't your HOA paying $100 per offsite meeting venue, Christine? Or is it really the MC paying?

I'm guessing your board is maybe 3-5. Couldn't you be in someone's home or outdoor area?
ChristinaB2 (California)
Posts: 23
Posted:
Yes the HOA is paying the $100. The board consists of 3 members.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our BOD meets at a BOD Members house. We have never had an owner attend a meeting.
LoisL2 (North Carolina)
Posts: 9
Posted:
There is nothing in the laws/code that say where a meeting must be held, but does say that any member has the right to teleconference to the meeting. Make them set that up.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LoisL2 on 06/13/2018 10:36 AM
There is nothing in the laws/code that say where a meeting must be held, but does say that any member has the right to teleconference to the meeting. Make them set that up.

Where does it say that for anyone, nevermind that OP is in CA?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By LoisL2 on 06/13/2018 10:36 AM
There is nothing in the laws/code that say where a meeting must be held, but does say that any member has the right to teleconference to the meeting. Make them set that up.

I didn't know pot was legal in North Carolina.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Richard - there ya go again ...
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By GeorgeS21 on 06/13/2018 11:50 AM
Richard - there ya go again ...

Again, what?

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