JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
I understand that the President sets the Agenda. Does the President also have control over what items are placed on the Agenda?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Agenda Items
Started by JamesC45 • 18 replies • 697 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Actually yes.
As you should know, California is different than most all other states in how an agenda is put together. There are certain processes that must be done in open session. No action can be taken unless it is already on the agenda. No just old business, new business, it must be topic specific. No on the agenda, can't be discussed or action taken, except in an unforeseen emergency.
Larger associations with 5 or more Board members may form an executive committee to handle such things as putting an agenda together based on input from ALL Board members.
As you should know, California is different than most all other states in how an agenda is put together. There are certain processes that must be done in open session. No action can be taken unless it is already on the agenda. No just old business, new business, it must be topic specific. No on the agenda, can't be discussed or action taken, except in an unforeseen emergency.
Larger associations with 5 or more Board members may form an executive committee to handle such things as putting an agenda together based on input from ALL Board members.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
There is no legal requirement that the president decides what goes on the agenda or actually "sets" it. There is no such requirement in Robert's Rules of Order, either.
We had such a policy, but the then-prez arbitrarily kept items off the agenda. The Board voted that any director or Owner in good standing can have their items on the agenda, with certain restrictions. The time must be submitted 10 days before the next board meeting and background materials must be submitted with it, i.e., citations, photos. The submitter must explain the rationale for wanting it on the agenda.
Our MC (Mgmt. Co.) has a document approved by the board many years ago that says the president & PM "coordinate" the agenda.
We had such a policy, but the then-prez arbitrarily kept items off the agenda. The Board voted that any director or Owner in good standing can have their items on the agenda, with certain restrictions. The time must be submitted 10 days before the next board meeting and background materials must be submitted with it, i.e., citations, photos. The submitter must explain the rationale for wanting it on the agenda.
Our MC (Mgmt. Co.) has a document approved by the board many years ago that says the president & PM "coordinate" the agenda.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I must add: In Cat here's no requirement...
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
I did find this on the Davis-Stirling website:
"When it comes to setting board meeting agendas, all directors have a right to bring business before the board. Except for decisions previously made by the board, the president cannot choke off the board's business by refusing to list matters on the agenda."
"When it comes to setting board meeting agendas, all directors have a right to bring business before the board. Except for decisions previously made by the board, the president cannot choke off the board's business by refusing to list matters on the agenda."
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
As a management company, I will prepare an draft agenda for items that as an Association need to be addressed, such as approving minutes, financials and liens. It will go to the Board 10 days or more to add what they want, with a final agenda posted.
In a management contract or agreement, it is generally stated that the President is the point person in communicating with the MC. I have some associations that handle the agenda all on their own.
I have been on Boards where Board members couldn't get lick on the agenda. Until you gain control of that type of Board, there ain't a damn thing you can do about it.
In addition, for the most part, Robert's Rule of Order or any other parliamentary procedure is not used as a standard for Board meetings. Many Bylaws will state that some form of parliamentary procedure be used for running the Annual Meeting of the Members.
In a management contract or agreement, it is generally stated that the President is the point person in communicating with the MC. I have some associations that handle the agenda all on their own.
I have been on Boards where Board members couldn't get lick on the agenda. Until you gain control of that type of Board, there ain't a damn thing you can do about it.
In addition, for the most part, Robert's Rule of Order or any other parliamentary procedure is not used as a standard for Board meetings. Many Bylaws will state that some form of parliamentary procedure be used for running the Annual Meeting of the Members.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Good catch, James; I've seen that citation at davis-stirling.com too. BUT, unless you can get your board to vote that the prez doesn't have this total power over the agenda, you might be stuck with biased agenda decisions as we were for a couple of years.
Right, Richard, we aren't required to use Robert's Rules at board meetings, but we have referred to them when our own docs are silent and no one objects.
CN is one state where I know robert's is required for board meetings.
Right, Richard, we aren't required to use Robert's Rules at board meetings, but we have referred to them when our own docs are silent and no one objects.
CN is one state where I know robert's is required for board meetings.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Actually, I am the president. I am trying to keep our meetings to an acceptable length as we are all busy people (except this one member) who insists on putting many, many, trivial matters on the agenda. I do try to keep discussions short and call for a motion if I see that it's not going anywhere other than giving this one director an opportunity to voice his opinion or displeasure or whatever his beef is that month! I'm trying to do this while still working within the rules.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
We operate in a very similar manner with one exception, I, as president, do not get to see the final agenda before it is published which means it can be posted with a long laundry list of items that all get their 15 minutes!
I am considering asking our manager to please forward me the final draft for approval or would that be overstepping my authority?
I am considering asking our manager to please forward me the final draft for approval or would that be overstepping my authority?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
James
The MC works for the BOD. Do not request but tell them what you want.
The MC works for the BOD. Do not request but tell them what you want.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Oh, I'd say, have your PM show you the agenda for your review a few days before a meeting. Unless your board does as ours did and voted that all items be accepted if from directors or owners (which isn't very common) in good standing, you can do as you wish.
We did have a director once who regularly submitted trivial items. That's when we devised a form that requires the submitter to give a rational or justification for the item--WHY should the board spend time on it?- and submit background materials too to accompany the item. If it's a director, s/he's supposed to also say how much something would cost that they want, and where the funds would come from.
We did have a director once who regularly submitted trivial items. That's when we devised a form that requires the submitter to give a rational or justification for the item--WHY should the board spend time on it?- and submit background materials too to accompany the item. If it's a director, s/he's supposed to also say how much something would cost that they want, and where the funds would come from.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Quote:
Posted By KerryL1 on 08/13/2018 2:15 PM
Oh, I'd say, have your PM show you the agenda for your review a few days before a meeting. Unless your board does as ours did and voted that all items be accepted if from directors or owners (which isn't very common) in good standing, you can do as you wish.
We did have a director once who regularly submitted trivial items. That's when we devised a form that requires the submitter to give a rational or justification for the item--WHY should the board spend time on it?- and submit background materials too to accompany the item. If it's a director, s/he's supposed to also say how much something would cost that they want, and where the funds would come from.
Oh, I'd say, have your PM show you the agenda for your review a few days before a meeting. Unless your board does as ours did and voted that all items be accepted if from directors or owners (which isn't very common) in good standing, you can do as you wish.
We did have a director once who regularly submitted trivial items. That's when we devised a form that requires the submitter to give a rational or justification for the item--WHY should the board spend time on it?- and submit background materials too to accompany the item. If it's a director, s/he's supposed to also say how much something would cost that they want, and where the funds would come from.
Thank you, Kerry. These sound like sensible ideas. We have a meeting shortly so I should be receiving the agenda the PM mocks up - I will make my request then. I think asking for a good reason why an item should be on the agenda and perhaps that it be one that requires action by the BOD may be a good first step.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
As board secretary, I do see the draft agendas and our PM also writets a mgmt. report she likes me to review. This sometimes gives me the chance to rename agenda items in ways that are clearer or that I think will attract more homeowners to our open meetings. The prez doesn't always agree with my wording, but as the "coordinator" of the agenda, that's her prerogative.
PS. The board did vote on the form we require for agenda items.
PS. The board did vote on the form we require for agenda items.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Quote:
Posted By KerryL1 on 08/13/2018 3:19 PM
As board secretary, I do see the draft agendas and our PM also writets a mgmt. report she likes me to review. This sometimes gives me the chance to rename agenda items in ways that are clearer or that I think will attract more homeowners to our open meetings. The prez doesn't always agree with my wording, but as the "coordinator" of the agenda, that's her prerogative.
PS. The board did vote on the form we require for agenda items.
As board secretary, I do see the draft agendas and our PM also writets a mgmt. report she likes me to review. This sometimes gives me the chance to rename agenda items in ways that are clearer or that I think will attract more homeowners to our open meetings. The prez doesn't always agree with my wording, but as the "coordinator" of the agenda, that's her prerogative.
PS. The board did vote on the form we require for agenda items.
Hmmm. How interesting. Our PM also gives a report at the monthly BOD meetings, but they are his notes and I do not know what will be in his report. However, I have never asked - maybe I will from now on.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
As JohnC wrote, don't ask, direct him. IMO, you & the PM should sit down together before the meetings to go over his report.
Say, wait. Doesn't your PM compile a Directors Report or Board Book that he gives to directors several days before board meetings so that directors can be prepared to discuss and take action of the agenda items??
Say, wait. Doesn't your PM compile a Directors Report or Board Book that he gives to directors several days before board meetings so that directors can be prepared to discuss and take action of the agenda items??
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Quote:
Posted By KerryL1 on 08/13/2018 3:27 PM
As JohnC wrote, don't ask, direct him. IMO, you & the PM should sit down together before the meetings to go over his report.
Say, wait. Doesn't your PM compile a Directors Report or Board Book that he gives to directors several days before board meetings so that directors can be prepared to discuss and take action of the agenda items??
As JohnC wrote, don't ask, direct him. IMO, you & the PM should sit down together before the meetings to go over his report.
Say, wait. Doesn't your PM compile a Directors Report or Board Book that he gives to directors several days before board meetings so that directors can be prepared to discuss and take action of the agenda items??
Yes, he does. We have a package delivered to our doorstep(!), or sent via email, usually a day or two before the meeting but it doesn't include his report. I'm attempting to tighten up on some of this sloppiness but I don't wish to come on too strong all at once - but I will if need be.
I will take your (and JohnC's) advice and insist on seeing all documents well in advance of the meeting as well as a discussion on what will be in the Manager's Report - if for no other reason that it avoids duplicates on the agenda - which has happened in the past.
Our agenda is posted four days prior to the meeting (and usually no sooner). Our board packets arrive a couple of days (sometimes just the day before) the meeting.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
What size is your HOA, James? If not really small, I think you all should be getting your directors packages at least 3-4 days before the meetings. One reason is one of you may have questions for the PM about an agenda item. I often, for instance, have questions about our financial reports.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Quote:
Posted By KerryL1 on 08/13/2018 4:13 PM
What size is your HOA, James? If not really small, I think you all should be getting your directors packages at least 3-4 days before the meetings. One reason is one of you may have questions for the PM about an agenda item. I often, for instance, have questions about our financial reports.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
What size is your HOA, James? If not really small, I think you all should be getting your directors packages at least 3-4 days before the meetings. One reason is one of you may have questions for the PM about an agenda item. I often, for instance, have questions about our financial reports.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
Our HOA is 50 units. Our meetings are on Fridays so I'm requesting it be sent online on Monday. That seems reasonable.
JamesC45 (Florida)
Posts: 16
Posts: 16
Posted:
Quote:
Posted By KerryL1 on 08/13/2018 4:13 PM
What size is your HOA, James? If not really small, I think you all should be getting your directors packages at least 3-4 days before the meetings. One reason is one of you may have questions for the PM about an agenda item. I often, for instance, have questions about our financial reports.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
What size is your HOA, James? If not really small, I think you all should be getting your directors packages at least 3-4 days before the meetings. One reason is one of you may have questions for the PM about an agenda item. I often, for instance, have questions about our financial reports.
Out come to us online and also in a binder. Our meetings are Tuesday and the materials come to us the previous Friday. They used to come to us on Thursday or even Wednesday, which I much preferred.
Our HOA is 50 units. Our meetings are on Fridays so I'm requesting it be sent online on Monday. That seems reasonable.
🎯 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