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LmT (California)
Posts: 237
Posted:
We are holding our Annual Meeting this week.

In a letter that was sent with a ballot for approval of an assessment, we stated that a Q & A would be held at that meeting so that members could voice their opinions and hear the opinions of others prior to casting their votes.

The assessment ballot will not close for a week or ten days after the Annual Meeting giving members an opportunity to hear all sides.

Our manager has posted the agenda without this Q&A topic. He did not send it to anyone for approval before posting it.

I am the president and will chair this meeting so, my question is:

Can we hold this Q&A as part of the homeowners forum?

Would it be better to hold this Q&A informally after adjourning the meeting?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
It would be best if on the mailed out agenda so people knew they could question it. That said, I expect there will be enough people upset that they will show up and want to have a discussion on it even if informal. Can you can change the agenda at the opening of the meeting? If so, than do it more formal
LmT (California)
Posts: 237
Posted:
They do know that we want to host this type of Q&A. It was spelled out in a letter accompanying the request for approval of the assessment.

I don't believe there will be too many people upset about the assessment (we only have 40 members and I know many of them). The questions will be more what we are doing and how it will be implemented.

Most are in favor but I must not bend the rules of the meeting because we have one member who is a stickler!
KerryL1 (California)
Posts: 14,550
Posted:
In CA, whatever will a happen at any kind of a Members or board meeting must be on a notice & agenda that's posted well in advance of the meeting.

It's good that the Q & A period was noted in a letter. But at the meeting, everyone will have a copy of the agenda and th Q & A should be on it. Will an open forum also be on the agenda? If so, I do think this Q & A portion could be in open forum.

In CA, agendas may not be changed at the meeting unless urgent or an emergency.
LmT (California)
Posts: 237
Posted:
I think it could be safely held in the HO Forum, which is noted on the agenda.

My concern is, in California, response to questions in the HO forum are intended to be brief (Board Meetings but not sure about Annual Member Meeting) and minutes taken.

It may be best to hold it informally after the meeting is adjourned and no minutes will be taken. That is, as long as it would not constitute a meeting without notice.

We thought, as our annual meetings are usually well attended, it would be a great opportunity to have discussion on this assessment. There should be no controversy - just genuine interest in what is happening in our community.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Now I would consider a Q&A Session about a dues increase to be urgent so add it to the agenda at the meeting.

Several ways to skin a cat.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By JohnC46 on 01/29/2019 11:37 AM
Now I would consider a Q&A Session about a dues increase to be urgent so add it to the agenda at the meeting.

Several ways to skin a cat.

LOL.

Yeah, but when you have the "Chief of Davis-Stirling Police", waiting in the wings to catch you out, you gotta be careful
KerryL1 (California)
Posts: 14,550
Posted:
You're right, LmT. Do it all correctly.

There is no statute that requires directors' answers to Owners in Open forum MUST be brief. It's just advised. Unless you can find it at Davis-Stirong.com, I also do not think Open Forum remarks by owners must be in the meeting minutes. We do put ours in the minutes w/o identifying the owner.

There's no way anyone would accept the Q&A as "urgent!" But, as you know, LmT, if a quorum of the board is gathered and talking about HOA business, that IS defined as a meeting. That's what your D-S Maniac will say. So just do it IN open forum!
LmT (California)
Posts: 237
Posted:
Quote:
Posted By KerryL1 on 01/29/2019 12:40 PM
You're right, LmT. Do it all correctly.

There is no statute that requires directors' answers to Owners in Open forum MUST be brief. It's just advised. Unless you can find it at Davis-Stirong.com, I also do not think Open Forum remarks by owners must be in the meeting minutes. We do put ours in the minutes w/o identifying the owner.

There's no way anyone would accept the Q&A as "urgent!" But, as you know, LmT, if a quorum of the board is gathered and talking about HOA business, that IS defined as a meeting. That's what your D-S Maniac will say. So just do it IN open forum!

Hadn't thought of it that way. We don't minute everything talked about in open forum either.

I think that's going to be the best way to do this.

Decision made!

Thanks all.
KerryL1 (California)
Posts: 14,550
Posted:
"Welcome, and, of course, I meant Davis-Stirling above.
SueW6 (Michigan)
Posts: 814
Posted:
Is the motion to call for the Assesment Increase on the agenda?

All homeowners needed to be noticed about that vote. How was that done?

The “discussion” step is part of any motion for the group that votes. How will that happen?

LmT (California)
Posts: 237
Posted:
Quote:
Posted By SueW6 on 01/29/2019 4:56 PM
Is the motion to call for the Assesment Increase on the agenda?

All homeowners needed to be noticed about that vote. How was that done?

The “discussion” step is part of any motion for the group that votes. How will that happen?


The ballot for a special assessment went out about three weeks ago. It's for a one time amount to finance a capital improvement. A letter accompanied the ballot explaining what was planned. Most of our members are in favor of making this improvement as it will greatly improve our property.

We anticipate the assessment passing but people want to ask questions regarding how the project will be handled etc., etc. We have plans and samples of products to show and tell.

The counting of the ballots will be in a week or ten days at our management office.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, Sue, owners can vote by mail with their secret ballots. Then the ballots are opened and tabulated, any owner who wishes may observe the tabulation, so that occasion must be noticed, and I assume the mgr's office has room for the inspector(s( of election and perhaps more.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By KerryL1 on 01/29/2019 5:45 PM
In CA, Sue, owners can vote by mail with their secret ballots. Then the ballots are opened and tabulated, any owner who wishes may observe the tabulation, so that occasion must be noticed, and I assume the mgr's office has room for the inspector(s( of election and perhaps more.

Exactly, our management and accounting office (where our inspector of elections resides) are all in the same building. There will probably be several owners, me (president) and other board members if they wish, in attendance.

They are a well established company, very experienced, and do things by the book so I have no worries as far as the secret ballot goes.
SueW6 (Michigan)
Posts: 814
Posted:
I wasn’t clear.

At some time at a board meeting, there was a mission to put this issue on the ballot.

At that time there should have been a “discussion” on the mission, where HOA members could have voiced opinions or asked questions. It doesn’t sound like that was done then.

Now the HOA members are being asked to vote on an issue they have no information on.

What opportunity are you arranging for resident to hear about how and why you have raised assessments?

Announce the time at the annual meeting.
SueW6 (Michigan)
Posts: 814
Posted:
Mission = motion.
LmT (California)
Posts: 237
Posted:
Quote:
Posted By SueW6 on 01/29/2019 10:04 PM
I wasn’t clear.

At some time at a board meeting, there was a mission to put this issue on the ballot.

At that time there should have been a “discussion” on the mission, where HOA members could have voiced opinions or asked questions. It doesn’t sound like that was done then.

Now the HOA members are being asked to vote on an issue they have no information on.

What opportunity are you arranging for resident to hear about how and why you have raised assessments?

Announce the time at the annual meeting.

What makes you think that our members have no information on the reason for a special assessment? Not a raise in the regular assessment.

As it happens, the reason (planned project ) has been the subject of endless discussion at meetings for several years and now has been implemented and can only be funded by special assessment.

A lengthy letter was included with the ballot explaining the project, the need for the project, and exactly how it is to be funded. in that letter it was suggested we have further explanation in a Q and A at the annual meeting because that meeting draws more attendance than monthly board meetings.

Bear in mind that we are a small HOA of 40 members so we don't experience the logistics of a large community.

Also, HOA members at board meetings in California are not allowed to discuss matters on the Agenda; rather, they participate in homeowners forums.
KerryL1 (California)
Posts: 14,550
Posted:
Good work, LmT--you sound like the kind of president I wish we had here!

LmT wrote: "Also, HOA members at board meetings in California are not allowed to discuss matters on the Agenda; rather, they participate in homeowners forums."

While basically correct, the above is a little bit off. In CA, boards are not required to permit owners to speak about agenda items during the business portion of the open open board meeting.* Instead, owners ask their questions and make remarks during the CA-required Open Forum, which most HOAs have at the beginning of the meeting. Owners can refer to agenda items or non-agenda itms during this time. Our Board holds a second Open forum at the end of the b meeting, where sometimes ask for points of clarification form the board.

*AZ permits owners to speak on individual agenda items during the business portion of the meeting.

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