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NoahA (Florida)
Posts: 212
Posted:
Can the board have an emergency board meeting without telling the community?

If so.

Can they take a vote by the board even if the president is not present?

TimB4 (Tennessee)
Posts: 21,061
Posted:
I have no idea about notice requirements.
This is likely in applicable statutes and your Bylaws.

As long as a quorum is present, a vote may be taken regardless of who is or is not in attendance.
KerryL1 (California)
Posts: 14,550
Posted:
What do your bylaws say, Noah? Usually the prez doesn't have to be present.
JonathanL2 (Texas)
Posts: 3
Posted:
An Executive Session may be called by the President, or two board members.
The President does not have to be there, but that seems abnormal.
Meeting minutes are taken, but is confidential.
As long as there is a quorum, board members can make motions, vote, and conduct business.

The highlights of the Executive Session should be included in the new business area of the agenda of the next scheduled meeting, and the meeting minutes will record that.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Noah = Jonathan ??
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JonathanL2 on 03/23/2019 8:30 PM
An Executive Session may be called by the President, or two board members.
The President does not have to be there, but that seems abnormal.
Meeting minutes are taken, but is confidential.
As long as there is a quorum, board members can make motions, vote, and conduct business.

The highlights of the Executive Session should be included in the new business area of the agenda of the next scheduled meeting, and the meeting minutes will record that.

An executive session is not the same thing as a "emergency meeting".

Escaped former treasurer and director of a self managed association.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By NoahA on 03/23/2019 7:40 PM
Can the board have an emergency board meeting without telling the community?

If so.

Can they take a vote by the board even if the president is not present?


Whether legal or not, such a move is extremely toxic from a cultural perspective. Hope the issue is worth it.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By NoahA on 03/23/2019 7:40 PM
Can the board have an emergency board meeting without telling the community?

If so.

Can they take a vote by the board even if the president is not present?


Yes and Yes. Be very careful, though, because your definition of "emergency" isn't necessarily the legal definition. FS 720 lays out many extraordinary powers that boards may exercise in an emergency. Our last 2 HOA attorneys advised us that most emergency powers should only be used when the Governor has issued a State of Emergency for our county (which happens with some regularity in FL because of hurricanes).

I'd consider speaking with an attorney first. Even in an emergency, FS 720.316 says notice must still be given "in as practicable a manner as possible". You run the risk, even if it's small, of having the entire meeting declared invalid and then any action taken at that meeting would be null and void.

In most cases the lack of planning or preparation on your part does not constitute an emergency when things go wrong.
BillH10 (Texas)
Posts: 1,217
Posted:
Noah, many association documents stipulate a meeting notice must be provided to the Board some number of days in advance however, that notice can be waived by unanimous consent of the Board to allow for emergency meetings. I'm having some difficulty understanding why the President would not be present at an emergency meeting. I can understand the President not voting if he/she has to recuse for some reason.

As others have mentioned, I would be exceedingly cautious classifying a meeting as an emergency. As was mentioned in another post, a lack of planning does not constitute an emergency. I also am having some difficulty envisioning a scenario which would warrant an emergency meeting for which notice would not be given the members of the Association.

If you have a valid need for an emergency meeting and the details must be kept private for some reason, a better approach would be to notice the meeting using your normal process, state the urgency and purpose of the meeting using generic language, and state the Board will immediately adjourn to executive session once the meeting is called to order and a quorum verified. When the executive session has been concluded, return to the regular meeting, state the Board considered a personnel matter (or whatever), and agreed to implement appropriate action.

Then call for a motion to adjourn and do so.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Friday 1PM. A Member of the BOD has been notified the toilet in the clubhouse has overflowed and it is rented out for a Saturday evening wedding. Member of the BOD takes it upon himself to call a plumber. Plumber says plugged pipe and will require reaming which will cost $1,500.00 for emergency repair.

Owners in their wisdom had limited any BOD Member to a $500.00 spending limit. Plumber wants 50% down now to start the project which he says he can complete late Friday night.

I think I just made a case for an Emergency BOD Meeting.
BillH10 (Texas)
Posts: 1,217
Posted:
John, yes you have. However, there is no reason why calling the meeting and its purpose should not be noticed to the members of the Association. This is not a personnel or other matter which must be kept private.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 03/24/2019 2:12 PM
Friday 1PM. A Member of the BOD has been notified the toilet in the clubhouse has overflowed and it is rented out for a Saturday evening wedding. Member of the BOD takes it upon himself to call a plumber. Plumber says plugged pipe and will require reaming which will cost $1,500.00 for emergency repair.

Owners in their wisdom had limited any BOD Member to a $500.00 spending limit. Plumber wants 50% down now to start the project which he says he can complete late Friday night.

I think I just made a case for an Emergency BOD Meeting.

I'm going to disagree. I don't think that qualifies as an "emergency". Why should all homeowners have to pay extra for emergency repairs so that someone else won't be inconvenienced? Sure the situation sucks, but that doesn't mean it's an emergency.
RoyalP
Posts: 1,104
Posted:
Quote:
Posted By JohnC46 on 03/24/2019 2:12 PM
Friday 1PM. A Member of the BOD has been notified the toilet in the clubhouse has overflowed and it is rented out for a Saturday evening wedding. Member of the BOD takes it upon himself to call a plumber. Plumber says plugged pipe and will require reaming which will cost $1,500.00 for emergency repair.

Owners in their wisdom had limited any BOD Member to a $500.00 spending limit. Plumber wants 50% down now to start the project which he says he can complete late Friday night.

I think I just made a case for an Emergency BOD Meeting.

Emergency: Imminent threat to/of life, major injury, serious property damage.

? a closed wedding RECEPTION venue ?
CjC
Posts: 210
Posted:
I would think you also need to look at language of rental agreement. If you don't have working toilets, are you responsible to provide alternatives like rental facilities? Would that be more expensive?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Emergency is and can be defined differently by various organizations.
RichardP13 (California)
Posts: 3,868
Posted:
Residence reserves clubhouse for a party. Need liability insurance showing HOA as loss payee. Calls at 7:00 PM notifying the Board of a leak.

Board president either phones, texts or emails ALL Board members to approve emergency expenditure. ALL members vote in the affirmative. Plumber is given the OK and told to bill us.

ACTION WITHOUT A MEETING has been taken. Action is put into the minutes of the next open meeting.

Now I am going back to my steak dinner.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
This is a property management/maintenance matter that needs to be resolved as a course of doing business. I can appreciate the politics of debating this in an HOA meeting but reaming a clogged pipe really isn't debatable if you have a solid board culture.
JaredC (Texas)
Posts: 264
Posted:
Not sure if this applies to you but yes an HOA can have an emergency meeting. Obviously it should be for emergencies which are likely few and far between:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.1265.html
RichardP13 (California)
Posts: 3,868
Posted:
That would be for a REAL emergency, not a toilet overflowing.
GenoS (Florida)
Posts: 4,276
Posted:
"The flowers in the beds near the front entrance are dying and if we don't replace them the place will look awful!"

Not an emergency, according to a local CAM.

Amazingly enough we have a couple of owners who absolutely believe that that situation IS an emergency.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
What is interesting, entry flower aside....love it though, are the differing opinions of a Emergency Meeting and how to conduct (phone, Email, in person). Just goes to show we do not all think, nor operate the same way, and have differing rules/laws.
KerryL1 (California)
Posts: 14,550
Posted:
Here's good definition and as Richard notes, in CA, the Board could take action without a meeting. Last summer, our prez wanted us to take action w/o a mtg. to allow our security officers to remove their sports coats on hot days. She also wanted silence to mean consent as one director was away and would not have replied. . Out of town too, I wrote I wouldn't participate in an illegal action. So she said, instead we should have an emergency meeting the minute I returned. I replied it's not an emergency. Our GM finally had to write that we could call a meeting with the typical 4-days notice for non emergency. Hot weather in August is not "unforeseen."

CA HOAs from the Davis-Stirling Act: "Civil Code ยง4923. Emergency Board Meetings. An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by Section 4920โ€

Example: "But that's only for true emergencies. The building is falling down,"... "The porch collapsed, and we need to hire a contractor right now for $10,000, and the president and secretary are out of the country." In those situations, I'd tell them to call an emergency meeting.โ€ "An emergency typically means a threat to health, like a hurricane is bearing downโ€ฆโ€ (source: "Who Can Call HOA Meetings? What If There's an Emergency (And Is This an Emergency?)" May 2017, HOA Leader.com.

JohnC mentioned emergency meeting by phone but I've never heard of that one in any state???
BillH10 (Texas)
Posts: 1,217
Posted:
Kerry, the Bylaws of at least one of our clients specifically state any type of meeting (Board, committee, etc. including the Annual Meeting) may be held by telephone so long as all persons participating in the meeting can hear each other. This has been very helpful as this client has several owners who live elsewhere, the owned units are occupied by their children completing undergraduate or graduate school nearby.
KerryL1 (California)
Posts: 14,550
Posted:
Ys, in CA too, a meeting can be held by phone, but at least one director must be physically present to comply with the Open Mtg. Act here.

BUT, for AWAM, which only can occur in CA for emergencies, or for emergencies, maybe all could meet by phone? I don't know, but I n bet Richard does.

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