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ConchoP (Texas)
Posts: 208
Posted:
We usually have open discussion after our HOA meeting with homeowners. Kinda like a Q&A the past secretary would record them in the meeting minutes.
Should this be done. I'm of the opinion that a board meeting should be adjourned and any questions taken should pertain to only agenda items, any other questions need to be added to next month's agenda.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The only items that must be in BOD Minutes are:
When and Where the meeting was convened.
What BOD Directors were there and was there a Quorum.
Items Motioned and voting of such.
NOTHING ELSE IS REQUIRED and surperfulus.

That said, best there be some references to keep people informed such as:

Landscaping issues discussed. No Action taken.
Relining of pool discussed. BOD to obtain quotes.
Speed bump installation discussed. No action taken.

Anytime you let someone ramble on about what they "remembering happening" then you get the potential of them slanting it to their point of view.

Minutes are not a review of everything said. One wants to know what happened then get of their a$$ and attend meetings.

CathyA3 (Ohio)
Posts: 6,299
Posted:
In states that require open meetings with published agendas as part of the meeting notice, the board can't consider items that were not on the agenda.

Even in other states, the problem with an open Q&A is that homeowners will ask questions that the board hasn't had time to research, which means that the only appropriate answer is "thank you for your comments". Even if the board members make it clear that they are only offering their personal opinions at that time, people will assume that the answer is official and engraved in stone, so you'd be unintentionally spreading misinformation. Kinda defeats the purpose of a Q&A session.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Our open comments time just after call to order.

I welcome any member comments, on any topic. If we don’t have an answer to a question, and it is a good question, we answer it at the next meeting. If the member simply wants to gripe, we hear them out for a few minutes, then say thank you, and move on. If there are a lot of people there complaining, we need to pay more attention.
BillH10 (Texas)
Posts: 1,217
Posted:
Concho, it is best if the Owner's Forum provides an opportunity for those in attendance to raise questions, make observations, make suggestions, etc. on any topic related to the Association, not just what appeared on the agenda. We encourage write-in comments if someone cannot attend in person.

The subjects discussed should not be included in the formal meeting notes, although some colleagues have a different opinion on that topic. We make brief reference to what was brought up by saying something along the lines of" During the Owners Open Forum, questions and comments were raised on the following subjects: A, B, C, D. This verbiage appears after the statement "The meeting was adjourned at 2:35 PM"
KerryL1 (California)
Posts: 14,550
Posted:
Our board does this pretty much as outlined by Bill. Open Forum is required in CA HOAs. In CA topics are not limited by statute. Board can limit comments to, say 2 minutes.

Is open forum required in TX? If so, are there any restrictions about them?
BillH10 (Texas)
Posts: 1,217
Posted:
Kerry, yes, open forums are required in Texas. I don't recall the Property Code limits the discussion, we set 3 minutes and the state topic must relate to the Association. We allow some wiggle room on the topic.

For example, this area of north Texas is exploding and has for the last 10 years. Think Orange County in the 60s and 70s and Alameda/Contra Costa Counties east of 680 and beyond in the late 90s onward.

TxDOT (CalTrans) completely dropped the ball 20+ years ago regarding planning to expand a major E-W arterial which runs about 25 miles north of the entire DFW Metroplex. One of the proposed routings will increase feeder traffic in our Master Association, although not our sub-association. Owners sometimes ask questions or express concerns about the TxDOT plans even though they do not relate to specific association operations. We let them talk and suggest they join one of the advocacy groups.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We have only ever had one owner request to meet with the BOD and the issue was promptly handled. We do have a Q&A Session during our Annual Meeting. I did said Q&A Session, not a bytching session. If a bytch, we usually thank them for their time and say the BOD will take this under advisement. If it is a valid concern, we will try our best to answer. The vast majority of our Q&A's concern landscaping which the HOA does and we accept we cannot make 100% of the people 100% happy all the time. Rarely are we hit with a question we cannot answer and if we are, we assign a BOD Member to work with that person.
BarbaraT1 (Texas)
Posts: 821
Posted:
Quote:
Posted By BillH10 on 03/01/2020 3:04 PM
Kerry, yes, open forums are required in Texas. I don't recall the Property Code limits the discussion, we set 3 minutes and the state topic must relate to the Association. We allow some wiggle room on the topic.

For example, this area of north Texas is exploding and has for the last 10 years. Think Orange County in the 60s and 70s and Alameda/Contra Costa Counties east of 680 and beyond in the late 90s onward.

TxDOT (CalTrans) completely dropped the ball 20+ years ago regarding planning to expand a major E-W arterial which runs about 25 miles north of the entire DFW Metroplex. One of the proposed routings will increase feeder traffic in our Master Association, although not our sub-association. Owners sometimes ask questions or express concerns about the TxDOT plans even though they do not relate to specific association operations. We let them talk and suggest they join one of the advocacy groups.

In Texas, open *meetings* are required, but open forums are not.

Chapter 209 gives owners the right to "attend and observe", not to speak.

That said, in most cases it's in the Board's best interests to have an open forum so that directors get the pulse of the community and owners get the chance to address the board.

I like to have two. The first is before the meeting starts, and pertains only to items on the agenda. That way the board hears public comment before voting. The second is at the end of the meeting, and can be on any topic. Two minutes max per person and the Board has the right to limit the number of speakers.

The substance of comments made during the open forum are not included in the minutes.

BillH10 (Texas)
Posts: 1,217
Posted:
Barbara, I stand corrected. We began including a Homeowner's Forum at least four or five years ago in the associations we manage, as did the association in which we reside. It has become very widespread based on my observations.
KerryL1 (California)
Posts: 14,550
Posted:
We, too, have two open forums like you do, Barbara. We don't limit topics at either. Over the past 10 years, I'd say the 2nd open forum has led to the board rescinding a decision made that evening maybe four times. We have a few savvy owners who'll ask that the board rescind and then perhaps one or two other owners will agree.

In all cases, it's worked out best for our community.

KellyR6 (California)
Posts: 21
Posted:
We have an open forum on the schedule with a five minute limit for each person, 20 minute time total which is usually extended. Due to a majority on the board overriding homeowner votes the February meeting was four hours. We have a homeowner who is a newspaper publisher and journalist who attends meetings and provides accurate coverage of the meetings which is essential.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By ConchoP on 03/01/2020 10:24 AM
We usually have open discussion after our HOA meeting with homeowners. Kinda like a Q&A the past secretary would record them in the meeting minutes.
Should this be done. I'm of the opinion that a board meeting should be adjourned and any questions taken should pertain to only agenda items, any other questions need to be added to next month's agenda.

If your board wants to offer Q&A, it can.

If your board secretary wants to include the Q&A in the meeting minutes, this person can do so.

It is wholly unnecessary to include the Q&A in your minutes since no official business of the HOA is conducted as a result. I prefer the base business being noted in the minutes w/ no extraneous comments but others want a full storytelling in the minutes.

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