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ChristinaB2
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
Posts: 3,705
Posted:
The MC works for the Board.

The Board signed a contract with the MC.

What are the terms?
MelissaP1
Posts: 13,734
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
Posts: 14,519
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
Posts: 3,836
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
Posts: 23
Posted:
Since I am new to the Board I have not seen the MC contract. This is a newer community.
ChristinaB2
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
Posts: 3,836
Posted:
You could find a meeting hall in which you might have to pay or use the MC for free.
KimberlyW2
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
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
Posts: 14,519
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
Posts: 3,705
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
Posts: 14,519
Posted:
Sorry, Georg, i must have written this badly. I agree with you.
GeorgeS21
Posts: 3,705
Posted:
Gah ...Kerry ...sorry, I missed the “contract” word in your post.
BenA2
Posts: 1,272
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
Posts: 3,836
Posted:
Exactly how us the MC violating the Bylaws?
BenA2
Posts: 1,272
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
Posts: 3,836
Posted:
You’re right, what would I know.
KerryL1
Posts: 14,519
Posted:
I agree with Ben.
RichardP13
Posts: 3,836
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
Posts: 14,230
Posted:
I would say a meeting location within 5 miles of the community is acceptable. Further away is not within a reasonable distance.
GeorgeS21
Posts: 3,705
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
Posts: 3,836
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
Posts: 14,519
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
Posts: 14,519
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
Posts: 1,272
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
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
Posts: 3,836
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
Posts: 14,519
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
Posts: 23
Posted:
Yes the HOA is paying the $100. The board consists of 3 members.
JohnC46
Posts: 14,230
Posted:
Our BOD meets at a BOD Members house. We have never had an owner attend a meeting.
LoisL2
Posts: 8
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
Posts: 14,230
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
Posts: 3,836
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
Posts: 3,705
Posted:
Richard - there ya go again ...
RichardP13
Posts: 3,836
Posted:
Quote:
Posted By GeorgeS21 on 06/13/2018 11:50 AM
Richard - there ya go again ...

Again, what?

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