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KateS2 (Connecticut)
Posts: 41
Posted:
I have nothing on the agenda for a meeting. Nothing to report or have been reported. I made the announcement in our November meeting that the meeting for December was cancelled and if anything arose that needed to be addressed to the membership a meeting will be scheduled. Is this sufficient or is this in violation of our by laws. The Board of Directors agreed and noted in the minutes.
BillH10 (Texas)
Posts: 1,217
Posted:
Kate, what do your Bylaws say about the frequency of meetings? Often there is wording which anticipates there is no active business to discuss on a short interval meeting schedule. The wording may be something like "The Board of Directors shall meet monthly or as may be determined by the Board.
SheliaH (Indiana)
Posts: 6,964
Posted:
I don't see anything particularly wrong with this IF you'd also announced this to the membership shortly after the November meeting. Otherwise the homeowners wouldn't know - although the cancellation would be noted in the November minutes, minutes aren't approved until the next meeting, which would be January.

Next time, double-check your bylaws - if they don't address this, you might want to make a decision about the December meeting a little earlier. When I was on the board, we noticed that we had virtually no business in December, so in January, we always listed the dates and times of all our meetings, noting that we wouldn't have a December meeting in light of the holiday unless there was time-sensitive association minutes. In that case, the meeting would be held on the usual date and time of the month in the clubhouse.

Nobody complained and to be honest, it gave us extra incentive to get things done in a timely manner - generally August-November was budget preparation time anyway because our bylaws require that the upcoming year's budget be sent to homeowners on or before December 1.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
With others, check your bylaws. Ours, for instance, say we must have 4 board meetings a year. But that's not enough so we have 11 and don't meet in December. The Board votes on the board meeting schedule at its organization meeting following the annual election.

We have a monthly newsletter, so the absence of a Dec. board meeting is in it with the date of the Jan. meeting.

But I'm a little puzzled by your language, Kate. If you mean board meetings (you didn't specify) it's not their purpose to make announcements to the membership though such announcements are common at our HOA's board meetings. The purpose of board meetings is to conduct the business of the HOA. If there ARE some sort of announcements that should be made to the membership, that can occur in a newsletter, via email (if permitted in CT), placed on your website, or posted on some sort of common area bulletin board.

Can you clarify?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KateS2 on 01/14/2019 9:19 AM
I have nothing on the agenda for a meeting. Nothing to report or have been reported. I made the announcement in our November meeting that the meeting for December was cancelled and if anything arose that needed to be addressed to the membership a meeting will be scheduled. Is this sufficient or is this in violation of our by laws. The Board of Directors agreed and noted in the minutes.

How would we know what your Bylaws are? Being on the BOD and not knowing them does not shed a good light on you.
RichardP13 (California)
Posts: 3,868
Posted:
Was kinda thinking the same thing.
KateS2 (Connecticut)
Posts: 41
Posted:
Our bylaws says monthly meetings, we usually do not have one in December because of the holidays. I made the announcement in the November meeting that unless we have something on the agenda for January or some one has something to put on the agenda for January we will have an open meeting to the membership. I received nothing or have anything to discuss for the January meeting and will have one in February. But because there thy by law states regular monthly meetings, they feel the board should have one even if there is nothing to discuss.
KerryL1 (California)
Posts: 14,550
Posted:
This may seem off your topic, Kate, but what size is your HOA? Do you have a property manager?

Can you give us the exact words in your bylaws that there SHALL or must be a meeting of the board every month.

KerryL1 (California)
Posts: 14,550
Posted:
This may seem off your topic, Kate, but what size is your HOA? Do you have a property manager?

Can you give us the exact words in your bylaws that there SHALL or must be a meeting of the board every month.

Who is the "they" who feel you must have a monthly board meeting?

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KateS2 on 01/14/2019 11:26 AM
Our bylaws says monthly meetings, we usually do not have one in December because of the holidays. I made the announcement in the November meeting that unless we have something on the agenda for January or some one has something to put on the agenda for January we will have an open meeting to the membership. I received nothing or have anything to discuss for the January meeting and will have one in February. But because there thy by law states regular monthly meetings, they feel the board should have one even if there is nothing to discuss.

Do the Bylaws say must be held, can be held, should be held, etc. In two out three, it does not need to be held.
RoyalP
Posts: 1,104
Posted:
I could argue with your interpretation of should, but will not.

SueW6 (Michigan)
Posts: 814
Posted:
Really, there should have been a motion of the board at the Nov meeting, to cancel the Dec. meeting.

To cancel is one one person’s call.
SueW6 (Michigan)
Posts: 814
Posted:
... Is NOT one person’s call.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I think Kate’s anknouncement at the November meeting is sufficient. No one objected, so “general” agreement?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS21 on 01/15/2019 6:46 AM
I think Kate’s anknouncement at the November meeting is sufficient. No one objected, so “general” agreement?

I agree.
KerryL1 (California)
Posts: 14,550
Posted:
I go with Sue. It is NOT the prez's decisions to make. The whole board at a meeting should motion & vote on this topic with the result in the minutes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 01/15/2019 11:30 AM
I go with Sue. It is NOT the prez's decisions to make. The whole board at a meeting should motion & vote on this topic with the result in the minutes.

While I agree it should have been done with a motion and vote, Kate said she announced it to the BOD and no one objected thus they gave tacit approval. Would work for me.
KateS2 (Connecticut)
Posts: 41
Posted:
It was brought up at the November meeting to cancel the December meeting and if problems arose that should be opened up to the membership, we would have a meeting in January, if not a February meeting would be held. Voted on and accepted by the board, not just the President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I certainly respect Kerry’s opinion, but I see no reason for there to be a motion, second, etc on whether to have a particular monthly meeting, UNLESS there is is some particular brouhaha related to that decision.
KerryL1 (California)
Posts: 14,550
Posted:
IMO, it's a board not a prez decision. In some HOAs the president can be a real bully and send down decisions from on high that should be agreed on by the board. Boards govern HOAs, not presidents.

So I agree with the way Kate's board did it.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Me, too ...no motion, but general agreement.

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