Open session mtg started 20" early?

Several owners/members asked me (separately) about a new recording fee ($400) to be attached to each ARC application; this ARC was for a a small strip of artificial turf they wished to buy, pay, install by their front door. We are 140 single family homes(1986), well funded and no engineering issues. Many of us are longtime residents (20+ years) along with an equal amount of newbies(nice)! We meet bimonthly, with general/open session @ 4:30 pm. In Febuary, I-PRESIDENT asked PM to explain and show Board minutes if/when this "Maintenance Agreement" was approved. She kicked the can down the road for March mtg, but it was again listed in general agenda Yesterday and several members were planning on attending @ the usual 4:30 bimonthly posting. Exec session ended @ 4:10 and PM + rogue Directors voted to move directly in general session. I objected, saying members were arriving for 4:30 session(and want to hear the discussions) but 2/3 motioned to begin open session, not waiting 20 minutes. At 4:30, 5 members arrived, shocked and surprised at eary start.They each used their 3" to learn about ths quesionalbe fee, "recommended in 2015." PM responded "This was discussed and approved in Exec. session.
It's a closed matter." They/members objected to the unusual early start: "Your Board agreed to start the general session." Terrible SNAFU and our annual elections are in progrss.
Comments?

First comment – break your questions into smaller paragraphs, because this was hard to read and follow.

Regarding the recording fee - are you a board member? If so, shouldn’t you already know about the new recording fee – and if you do, was that announced to the community? If not, why not? Homeowners should have been told why the fee was being established, although I personally think $400 is rather high. In my community we don’t charge recording fees for exterior change requests – the board votes on it and you get a confirmation letter for your records, while a copy is kept in the permanent records for that property.

The maintenance agreement – what are you talking about – the property manager contract? If so, why ask the property manager – that’s a question for the board, who should be able to go through the previous minutes to see when it was approved. Actually, any homeowner should be able to do it and if there’s nothing, proceed with the questions.

The executive sessions – it sounds like the board announced it would be held before the regular meeting, which is appropriate. Executive sessions ARE NOT open to the membership and should only be used for sensitive issues, like legal action by or against the association. The session may have ended quicker than what was expected, so that’s not a problem. The minutes should reflect that an executive session was held, date time and location, who was there, and the actions taken. It’s not a description of who said what. If someone abstained from voting (e.g. for conflict of interest), that should be reflected as well.

All of that said, if the meeting was scheduled to start at 4:30, I agree with you they could have waited 20 minutes and started at that time. If a few people were already there, nothing wrong with making small talk - just refrain from getting into the agenda items until the official start of the meeting. If people showed up late and missed the resident forum, oh, well. They can always send a letter to the board with any issues, complaints or suggestions.

In the end, if you have issues with your board’s transparency, it’s ok to comment about that and ask the board to explain themselves – nothing a HOA board does should ever be a surprise to the community. If these people try to make excuses or refuse to respond altogether, you know the rest of the story – run for a spot on the board. Better yet, find neighbors who agree with you and all of you can rally together to create a slate to toss everyone out.

This is a brilliant plan of action, AFAIC.

I agree "food fight" is exactly how to characterize much of this, with a twinkle in one's eye as much as possible.

I also contemplate the value of letting time pass.

Agree with others. The board majority acted illegally by thumbing its nose at the Open Meeting Act in CA, which requires 4-days posted (not mailed) notice of regular board meetings. These meetings are open to owners. check your Bylaws to make sure they are called "regular board meetings."

Whew! I guess you might have argued that the Board may not make a motion that opposes state statute (the 4 day-notice), but with those jerks, it doesn't sound like you would have prevailed. Since your regular board meetings most likely do not require Robert's Rules of Order or any other parliamentary procedures, even as president, unless your HOA policies or Bylaws say otherwise, you have no authority to rule against them. You might have tired to motion to adjourn the ES, but without a second, you'd have walked out the door alone. The Board could not have removed you as president at that meeting since it was not on the agenda so would have been illegal. But, do you think they will at the next meeting?

An executive session disclosure is required to be made at the subsequent regular open meeting in CA. The president of our board does this. So can you. Summarize the decisions that are made in ES without revealing confidential info. See Davis-stirling.com's Index on Executive session disclosure (I think)

As a board member, you have access to all executive session minutes. Request a copy of the minutes from the PM in writing when the decision was made for this $400 charge. Non- directors may not read them, but you may. Aren't executive session minutes and board packets posted in a board-only area of your website?

When was your last election? It's excellent that there are owners interests in running in '24, but that's a very long time to put up with a secretive abusive board.

If your PM works for a management company, I wonder if it's aware that their employee is blatantly acting in violation of CA HOA statues? Certified Community managers do have a Code of Ethics, that I imagine this PM also is violating.

Here is a mystery for me. What does this mean? "I remind each member that they MUST notify PM of what they are sharing with me." I'm not sure if you mean member as in owner? Or member, as in director?

Sorry I can't be of more help. I have been on a board in my HOA tha sounds a lot like yours, Jackie and it was very difficult to try to protect owners' rights in CA. I ultimately had to take year off and then seek reelection when some far better humans were running. By then, Owners were very aware of how bad those directors were. Three were defeated for reelection. So, yes, it can be done!

The board majority is rogue and was already breaking the law by starting the meeting at an un-noticed time. Of course a rogue board majority would exercise its self-assigned power to remove the president as an 'emergency act.'

The PMC keeps kicking the can down the road. I have asked for minutes (2015) to verify this was passed by 2015 BOD. A rogue Board (quorum) is dancing a waltz with PM; I hear different music and value my fiduciary responsibility to our membership. It's 100% SNAFU.