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Adding items to a regular board meeting agenda

Started by SashaE1 • 14 replies • 1061 views

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SashaE1
Posts: 110
Posted:
How does a Board member add an item to a regular Board meeting agenda at the current meeting (if it is not an item already on the agenda) and also for the next meeting if the President and the majority of the Board refuse to add the item on the agenda?
KerryL1 (California)
Posts: 14,550
Posted:
Remind us, are you in Calif.?
SashaE1
Posts: 110
Posted:
Quote:
Posted By KerryL1 on 05/01/2020 10:30 PM
Remind us, are you in Calif.?

Yes, Central California, Monterey, CA
SueW6 (Michigan)
Posts: 814
Posted:
Are you on the board?

If not - Does the board meeting have a time for resident input? Sometimes its just for 3 minutes or so. You could use that time to request a committee to be set up to consider your concern. Then it would be put on the next months agenda in a report format.

If you have an MC, talk to them about your concern and have them bring it to the attention of the board.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I'm pretty sure that if you need to publish an agenda ahead of time, you can't add items to it on the fly. (Question for folks in states that require published agendas: what happens with urgent items that arise just prior to the meeting? I don't know since I'm not in an open meeting state.)

Which brings us to the question of whether a single board member can force the entire board to consider an issue that the majority does not wish to address. I would say no, and the merits of the issue don't matter. Although if I were one of the other board members, I would put the issue on the agenda so that the board can formally vote to not address whatever it is and have that in the minutes.
KerryL1 (California)
Posts: 14,550
Posted:
In CA, Sasha, the open meeting agenda must be listed & posted for owners 4 days ahead of the open meeting. This might be in your HOA's bylaws, Saha. Read them.

In CA, A director can add an item AT the meeting is the Board agrees it's an emergency or if the Board agrees& votes it came up to late to be included but is urgent enough to be discussed on the spot.

Sasha, please go to davis-stirling.com, Index, Agendas to see state laws about them.

I the board or prez has control over what's on the agenda, your only hope is to bring the matter up in Open Forum and try to get the Board to agree to place it on the next meeting's agenda. I they will not, you're stuck with that board decision.
BenA2 (Texas)
Posts: 1,273
Posted:
We never add to the agenda once it's published. That defeats the purpose. Any board member can bring up new business not on the agenda and the owners can bring up new business during the open forum.

We never take action on a non-agenda item unless it is of a routine nature, e.g. a minor purchase that falls within the budget.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By CathyA3 on 05/02/2020 8:05 AM
I'm pretty sure that if you need to publish an agenda ahead of time, you can't add items to it on the fly. (Question for folks in states that require published agendas: what happens with urgent items that arise just prior to the meeting? I don't know since I'm not in an open meeting state.)

In a Florida condo, an agenda has to be published ahead of time. Not so in an HOA. My board takes things it considers "last minute" and adds them to their agenda at the start of the meeting under a category called "Arising Issues". A practice I disagree with, but changing the practice is not going to happen until we get some new board members. The existing directors like the practice, not because they can shield agenda issues from the owners in advance of a meeting (remember, an HOA does not need to publish an agenda before a Board meeting in FL), but because it allows them to be lazy and not thorough when they're putting together the agenda.

This actually happened 3 years ago: "Hey, our Registered Agent resigned 3 months ago and we just realized this yesterday!" Arranging for a new Registered Agent was added to the board meeting agenda at the meeting, under the "Arising Issues" category.
SashaE1
Posts: 110
Posted:
Quote:
Posted By BenA2 on 05/02/2020 10:51 AM
We never add to the agenda once it's published. That defeats the purpose. Any board member can bring up new business not on the agenda and the owners can bring up new business during the open forum.

We never take action on a non-agenda item unless it is of a routine nature, e.g. a minor purchase that falls within the budget.

Thank you all for the information and yes I am so on the Board but the next new one and obviously the minority.
Ben how does a Board member bring up new business not on the agenda? Do they just bring it
Can a Board member discuss new business during Open forum? And if so, Would a Board member be talking during open forum as a homeowner or Board member?
KerryL1 (California)
Posts: 14,550
Posted:
Look, Sasha, Ben is in Texas. What you want to do isn't permitted in CA. As I wrote above, you can try to bring something up at Open Forum and ask it be on the agenda of the next meeting. But the Board does not have to agree.

Read you Bylaws
SashaE1
Posts: 110
Posted:
Quote:
Posted By KerryL1 on 05/02/2020 8:23 PM
Look, Sasha, Ben is in Texas. What you want to do isn't permitted in CA. As I wrote above, you can try to bring something up at Open Forum and ask it be on the agenda of the next meeting. But the Board does not have to agree.

Read you Bylaws

Kerry, as a Board member speaking during open forum, are they speaking as a Board member or HOA member or can they do both?
MarkW18
Posts: 1,290
Posted:
Sasha

Civil Code §4930-Limitations on Meeting Content was added in 2012 and became effective 2013. You won't find the language in your Bylaws.

SashaE1
Posts: 110
Posted:
Quote:
Posted By MarkW18 on 05/02/2020 8:46 PM
Sasha

Civil Code §4930-Limitations on Meeting Content was added in 2012 and became effective 2013. You won't find the language in your Bylaws.


Thanks Mark. I will read that. Do Board members speak during open forum as a Board member or Homeowner or can they do both?
MarkW18
Posts: 1,290
Posted:
As a homeowner, unless they are attempting to answer a question.
SashaE1
Posts: 110
Posted:
Quote:
Posted By MarkW18 on 05/02/2020 8:55 PM
As a homeowner, unless they are attempting to answer a question.

Ok, good to know. Thanks!

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