Changing the dates of the regular Board Meetings

James,
As a board president I really hate to make changes to our standard meeting dates and times. It really is probably not as big of a deal as we think because if your HOA is like most in the US only a fraction of a percent ever shows up for meetings anyway. I would assume that a good reason was given and unless this is a permanent change to things will get back to normal next meeting.

If this is the biggest issue you are having in your HOA, I would say congratulations and keep up the good work.

Mark,

This is not our biggest issue, but it does show the pattern that our Board of Directors are totally disregarding our Bylaws and basically doing what they want, in secret.

Cathy
This is a Bylaw and I think the board should be setting the example, otherwise we will have people thinking if the board can ignore our bylaws, why can't we? And, this is a permanent change

The meeting was scheduled for next Monday and now the changed the date - do you think that is enough notice?

As you well know, James, CA requires 4 days posted notice of open board meetings.

So if are you asking if the board's decision to change the date of the regular meeting is legit, your Bylaws say it was not. As you can see, your Bylaws say the Board sets such dates by "resolution," which can only occur at board meetings.

As with numerous other similar questions of yours, this also is: When & how did the board make the decision to change the date? As you well know, if this was an emergency, the Board could make the decision without an open meeting. But they must include the date and unanimous vote of all directors in their next open meeting's minutes.

I don't know how you could possibly think this could be decided in executive session since you have at least once cited the only decisions that can be made in ES.

I do understand that this latest might b a part of your list to use to canpaign against the existing Board, but I think it's better to use much more serious infractions of statutes & your docs.

Kerry

You're right, I believe that a change like this needs to be done in open session and properly documented – I am just looking for confirmation from people that have more experience in these matters than I do. I't kind of like the law, both criminal and civil. It is one thing to actually read the different code sections, but we have to remember that court decisions are also equally important, and those are harder to keep track of for the layperson.

At this point, I am thinking of just adding it to my list.

Thank you all for your input

James, Yes, many of us KNOW WELL the smell of a Rogue Board. It's obvious the goal is lack of transparency by constantly changing meeting dates and times...and legally posting 4 days before. We have bimonthly meetings (6 a year) and the bimonthly agenda is consistently wrong with date, the minutes list the next meeting in error, and in the last 6 member meetings, each was NEVER held as printed?? EMERGENCIES? NO! Each Open session has numerous times given complaints (along with mine in Executive session.) My requests for this open session agenda item gets booted into Exec, "because PM is a contract." We also know BS when it smells, looks, and sticks. As President I have 2 serious members interested in future leadership. Your concern is real. Your questions are serious! Ignore any arrogant attitude tossed your way. Keep your eye on the financials.

Ah, James, do you suppose the Board changed the date because of your email? "Also, I just sent out an email yesterday to over 800 homeowners encouraging their attendance at the next board meeting only to discover a day later they changed the dates of the meeting." It's very possible, yes? Can you send another email?

The thing is, Cathy, that CA is an open meeting state. I. can't recall but think maybe Ohio isn't? And, if not, the dates of board meetings are of little interest to owners who may not attend. But in
CA and other open meeting states, the dates do matter. In addition, Jame's board only may change the date with a board resolution and that cannot happen in CA UNLESS it's done at an open board meeting. I suppose it's possible there was an "emergency," whereby the board had to change the date. But, in CA as I observe above, the unanimous consent of the Board if it took action without a meeting, must be recorded in the next open meeting's minutes.

As Jackie shows, rogue Board majorities can sneak around open meeting statutes a few ways. And it's good she's lining up her ducks for the next election. But still James, I truly think that if your laundry list of Board infractions a is too long, your readers' (voters!) eyes will glaze over.

James,
So, it sounds like you guys a messing with each other. Meaning you sent out a note inviting 800 people to the next meeting, they got wind of it, and they change the date on you. I promise the 800 are not out waiting for the meeting to start at the wrong time. Send another note with the corrected time and date and remind them that your board is working against board transparency. If I were you, I would be happy about this because it makes your point clearer.

The above reads kind of garbled to me. As Cathy suggested, suppose something came up and one or more directors suddenly could not attend a meeting scheduled for such-and-such date. Their presence was deemed to be so important that re-scheduling was necessary.

Then the correct approach would likely be an action without a meeting. In California, proper notice, four days in advance of the meeting, must still be given to owners, and it looks like it was.

This board appears to be wily. But I am not convinced James should add this latest, alleged grievance to his list.

Ellen

One of the board members got back to me about this. He said the decision to make the change was sometime ago and went on to say that they don't do anything outside of executive or general meetings unless it is an emergency and scheduling changes are definitely not an emergency.

There is no record in any of our minutes, about the change

Mark
I wouldn't give the PMC that much credit, but who knows...

I will say at this point I know of at least 4 people who have turned in applications for the 5 open positions on the board. So I count that as a success. We just need to make sure we get a proper turnout to meet quorum this summer and I plan on pounding the pavement for that.

Transparency. Disregarding the rules, etc.

I believe the decision to change the meeting schedule should have been an agenda item, discussed in an open meeting, voted on and properly recorded in the minutes and all members notified of the change.(proper way to do it)

I also think we may have had a good turnout because a lot of people are upset about the stop signs, but with the change, we will see. In any case, this should probably be the last meeting before the annual meeting. Change is in the air...

More garbled writing. We have no idea when and how the board decided to change the meeting day. We do have hearsay via an owner who is biased. Point being: James does not have proof of any bylaw violation right now.

Application deadline was Monday, election should be early August. It's a thought about having a Candidate's night. We have never had one in the past, but I will talk with some of the other candidates about it.

Ya, I am trying to walk the line about positive/negative campaign. On one hand, the thing that gets people's attention is the Board's screw-ups (stop sign example, lack of transparency, etc), Trying to avoid being labeled as a 'complainer' since I am willing to step up to try to turn things around, but we will see. It's like the old saying - you don't know what you don't know, and I want everyone to know what has been going on and have people pull their head out of the sand

On behalf of gnats everywhere, I object.

That's it! Candidates Night, James! First, ask the Board at the next open board meeting's open forum if they would consider putting together a Candidates Night. Frame it something like, "Would the Board consider holding a Candidates Night event so that Owners can see and hear candidates' approaches to governing our community? If not, why not?" If the Board refuses, there is no reason why you non-incumbent candidates cannot hold one and invite the incumbents who're seeking reelection.

You've probably read enough about elections at Davis-stirling.com to know that candidates have a lot of rights in CA.

My HOA almost always has more candidates than board openings, so there is a Candidates Night several days after Owners receive their ballots in the mail. The event in late '19 was the final nail in the coffin of three incumbents among an abusive board majority. There were three openings (Board of 7). There were the three incumbents and three non-directors seeking (re)election. In our HOA of 200+, about 50 Owners attended.

My first question, James, is: Does your HOA have a room to hold such an event? Do start a new thread about Candidates Night. I'll then prove more details about how our hOA holds this event. I don't recall that it's ever been a Topic here since I joined. Perhaps none of our regular posters have been involved in one? I think I recall that Shelia has mentioned the value of such an event a few times.

I think, btw, Shelia has it right about priorities.