Adjournments of meeting

Started by JoyceA2 • 18 replies • 766 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JoyceA2 (Tennessee)
Posts: 16

Posted:

In Our Last HOA meeting Saturday, the head Trustee read all the previous minutes and than called for adjournment without discussion and only a motion and second. No Vote. He than went to discussions and would not allow any motions or votes. I know it is in the covenant and by laws that we follow Roberts Rules of Order. As you can see they were Not followed.

Was this a legal meeting as the people had a lot to talk about and vote on. We did not even discuss New or old business. What can we do? Thank you. This Trustee feels he is above everyone.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, Joyce?

Was this a meeting of the board? Or a meeting of the Members (h'owners)?

JoyceA2 (Tennessee)
Posts: 16

Posted:

HOA home owners meeting with 5 Trustees. We do not have a board. We had more than a quorum present so we could vote on concerns but He adjourned as stated before we could do anything. Thank You

JoyceA2 (Tennessee)
Posts: 16

Posted:

No I am Not on the board.

PaaN
Posts: 219

Posted:

You have a contract.

You believe it was violated.

What does your ATTORNEY say ?

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By PaaN on 08/14/2018 7:37 AM
You have a contract.

You believe it was violated.

What does your ATTORNEY say ?

I have not spoke with an attorney. Going by Roberts rules which is in our covenant and by laws that we are to use RROO and He did not allow us to vote to end the meeting.

RichardP13 (California)
Posts: 3,868

Posted:

If they called the meeting to order based on evidence of a quorum of Trustees and adjourned properly, yes, you had a legal meeting. Nothing to write home about, but legal, nonetheless.

PaaN
Posts: 219

Posted:

..... What can we do? .....

unless you are PERSONALLY willing to take legal action - via an attorney, of course:

petition for a special meeting of the membership to recall said trustee

the procedure is contained within your bylaws

however, since you are asking, you are unaware of proper procedure AND your own bylaws

GOOD LUCK

not rude

simply brusque and to the point

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By PaaN on 08/14/2018 11:59 AM

..... What can we do? .....

WOW well thank you!

LaskaS (Texas)
Posts: 1,025

Posted:

my board does this all the time.. they act like they are the boss of a company,,

I follwed the procedures for requesting to be added to the agenda,,

the president then tried to ignore my written request,,

when she finally relented and said, you can have 3 minutes at the end of the meeting. she literally used all of the time of the meeting, droning on and on about how hard she has worked,, and then when i finally said, ok, i'd like my time, she tried to close the meeting and said owners could leave . if they wanted to wait around and hear what i said, they were welcome to do that.. Its just a freaking joke.. thankfully,, after months of this nonsense.. owners are fed up,, they all stayed and all listened...and many agree that we need to remove the current president.

SueW6 (Michigan)
Posts: 814

Posted:

Joyce,

Do you have bylaws? do those bylaws talk about an Annual Meeting?

Who formulates the agenda for this Annual meeting?

Annual meetings are not the time to bring up complaints. That should be done at Trustee meetings or thru a committee, like the landscape committee or rules committee. profit co

You say you are a very small group. Are you incorporated as a non-profit?

Your state has non-profit corporation rules which, among other things, talk about special meetings called by the Members.

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By SueW6 on 08/18/2018 12:40 PM
Joyce,

Do you have bylaws? do those bylaws talk about an Annual Meeting?

Who formulates the agenda for this Annual meeting?

Annual meetings are not the time to bring up complaints. That should be done at Trustee meetings or thru a committee, like the landscape committee or rules committee. profit co

You say you are a very small group. Are you incorporated as a non-profit?

Your state has non-profit corporation rules which, among other things, talk about special meetings called by the Members.

Yes we have a covenant and bylaws, we have a annual meeting in May. The main Trustee according to what he wants. He reads through the agenda and goes through new business but no discussion on the new business and than adjourned. Owners have many things they want to discuss and be voted on but can't because he has already adjourned, BUT there was not a vote taken to adjourned.
We have NO committee's, and are not listed as non-profit or anything else just a Park. We are not incorporated and listed no where in the State of TN.
I have lived here 4 years and it seems like a mess and the main trustee rules!!!! People are afraid of retaliation.
I believe we are NOT a HOA or anything else. Thank You.

BenA2 (Texas)
Posts: 1,273

Posted:

Maybe I misunderstood but I read that the meeting was adjourned and then they had another meeting. If there were discussions with the trustees, it was a meeting, and the president should have followed the rules for a meeting. This falls under most states' open meeting laws where if there is a particular number of trustees or board members present (often a quorum but in some states it could be less) it constitutes a meeting.

As for adjourning the meeting, it would be okay not to take a vote if you have a board of five or less because the 1st and 2nd motion plus the president make a majority. I would do the vote anyway, though.

BenA2 (Texas)
Posts: 1,273

Posted:

If this was a members meeting then the proper thing to do would have a motion and 2nd to adjourn and then a vote. Still, if the president went on to discuss issues, it was a meeting.

Is it possible the trustees had a trustee meeting before the members meeting and that is what was adjourned? Also, not all states require an association to be incorporated or registered. If it is in your CC&Rs it is possibly a real HOA.

GenoS (Florida)
Posts: 4,276

Posted:

Roberts Rules addresses this and it seems as though there are times when you don't need a motion, a second or even a vote. When the entire agenda has been addressed the presiding officer says something like, "Does anyone have anything else? No? Then without objection the meeting is adjourned," and unless someone objects it's over.

SueW6 (Michigan)
Posts: 814

Posted:

Joyce

No motions or votes can be held at a Member's Annual Meeting unless it is stated in the agenda that there would be a vote AND all members have been notified of the wording of the motion. So that information would have been sent to all members before the meeting.

The president conducted the meeting is the most basic way. The legal obligation was fulfilled, except for the Treasurer's report. Was one given to the Members?

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By SueW6 on 08/21/2018 6:08 AM
Joyce

No motions or votes can be held at a Member's Annual Meeting unless it is stated in the agenda that there would be a vote AND all members have been notified of the wording of the motion. So that information would have been sent to all members before the meeting.

The president conducted the meeting is the most basic way. The legal obligation was fulfilled, except for the Treasurer's report. Was one given to the Members?

No we have no treasure or a treasure report. Thank you all for all the help.

PaaN
Posts: 219

Posted:

if your HOA is incorporated (most are) you are REQUIRED to have a treasurer

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By PaaN on 08/23/2018 1:53 PM
if your HOA is incorporated (most are) you are REQUIRED to have a treasurer

No it is not in-corporated, nor non profit. It is listed as a park only.
I am so tired of this place and this main trustee bullying everyone and thinks this is his Kingdom. Everyone is afraid and intimidated by him. Thank you

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here