Board voting, where and when it should happpen

I know this is an age old question. Please bare with me as I want to forward your responses to other members of of my Board.

Keep in mind as you read this, that our By-Laws and CC&R's don't directly address these questions. There is a phrase within our By-Laws that states that when our By-Laws and/ or CCR's do not address an issue that Robert's Rules 10th addition will take precedence as long as following them will not violate Local, State or Federal law.....

Should Board members make and pass motions in any environment that does not allow two way simultaneous (duplex if you will) communication between all Board members who are available?

When calling a meeting of the Board of directors, what obligation does the caller of the meeting have to the other members in regards to when and where it will be held. Is there a certain period of time that should be given? What if a member calls a meeting on a day he knows certain other member/s cannot attend. What if I ask for a meeting and the other members refuse to attend?

What if a member considers the location hostile? For example, what if the meeting is to be held at a members house and that member is openly hostile to another member. Is there any obligation on the part of the calling member to hold the meeting at a neutral site? (this is not a problem for me personally, but it has been an issue in the past).

If these items should be handled by the President, what if it's the President that is doing all this?

NEW LAW REGARDING
BOARD MEETING AGENDAS

Beginning January 1, 2008, board meeting agendas must be distributed along with the notice of meeting to the membership. More importantly, boards will not be allowed to discuss or take action on any item not on that agenda.

Exceptions. The legislature included several exceptions to these otherwise strict limits on board discussion and action.

Residents may speak on any issue, regardless of whether it was listed on the board’s agenda.
Board members and their agents (including managers) may briefly respond to statements or questions from association members, ask clarifying questions, make brief announcements, or make brief reports on their own activities.
Boards may refer certain informational matters and administrative tasks to its managers, agents and staff -- even if these items were not listed on the agenda.
Any subject may be discussed and acted upon if there is an emergency, if immediate action is needed on a matter which arose after the agenda was distributed, or if the item was on a recent agenda and was continued to the current meeting.
RECOMMENDATIONS. Boards and managers must carefully plan in advance items they want to discuss and act upon at their regular meetings, must list these items on an agenda, and must distribute this agenda to association members with the meeting notice. If the board improperly discusses or acts upon a matter which was not placed on the posted agenda, a court may invalidate any vote relating to that particular item.

I recommend you Sign up with AHRC.com It is full of great HOA info, laws and new laws overseeing HOA's. Read the blogs, ask questions, etc. A great resource! As far as holding Board meetings at homes, that would have to be specifically allowed in the CC & R's, otherwise I believe meetings have to be held at a clubhouse, and most are open to the HOA homeowners. If you don't have a clubhouse, they should find a ballroom or community conference room to hold the meeting. The only closed meetings HOA Boards can hold are those pertaining to lawsuits and personnel issues. They cannot intentionally combine general HOA issues with the aforementioned legal issue in order to create a private meeting. Your President should be recalled.