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LizD3 (California)
Posts: 200
Posted:
Can someone refresh my memory, please, and advise how far in advance Board members must receive items they are to vote on (such as estimates). My Board is getting documentation mere hours before a meeting which is insufficient time to review, digest, obtain additional information, etc.
TimB4 (Tennessee)
Posts: 21,059
Posted:
So motion to table the vote so the board has the time to properly review.
KerryL1 (California)
Posts: 14,550
Posted:
I've never seen a legal requirement or one in, say, an HOA's bylaws. But, according the the Business Judgement Rule in CA (& elsewhere), directors must practice a "duty of care," due diligence before voting to make decisions.

To me, I guess, "how long" depends on how elaborate the project is and how many pages the proposals are. Put another way, to review bids to clean up the landscaping around your 4-unit condo building might take very little time to review. to replace part of the structure or common area drain lines should take take a lot longer.

Even though you're not on the Board, you could, during open forum, and if the project is complicated or large, request the Board, as Tim suggests, to table a motion until the Board has had significant time to ask further questions of the bidders, check with the City, or whatever.

As you know, the Board may discuss the proposal(s) in excutive session if they wish in CA.
MarkM19 (Texas)
Posts: 1,459
Posted:
Liz,
I think as long as the main topic is on the agenda following the State guidelines late bids can still come in. if as others have mentioned the proposals are complicated or lack certain information required for a vote then tabling the item also makes sense.

Many times, vendors promise things and fail to deliver. It is not the fault of the PM or the board when this happens. The PM should be on top of these things, but sometimes late bids still happen. Depending on how often your board meets it can affect things if it has to wait till the next official meeting for a vote. I have always allowed them on the boards I have been the president.
SheliaH (Indiana)
Posts: 6,964
Posted:
That's not something you can mandate, other than setting a policy stating if a project will cost over X, at least three RPFs must be obtained and reviewed. The rest comes down to common sense. Why would anyone look at a ton of paperwork with materials list, scope of work and all that involving major money and then think they can figure it all out in a matter of one or two hours????

I don't believe your gang of 3 plus 1 (because they refuse to let you participate) has a property manager, so who's gathering all the information to start with? Then there's the matter of how long the project has been discussed before the RFPs went out - board members should have enough sense to at least come up with some basic questions to start their review. If the volume of paperwork indicates this will require careful review and thought, they shoukd have the notion to say "hey, reviewing all this properly will take a minute. Let's table the discussion until the next meeting and everyone should be prepared to ask questions, make observations, etc.?" Are they really that daft?

Or...did they give YOU the information an hour in advance and then say "OK, it's time to take a vote" knowing it doesn't matter what you say because you'll be outvoted - which was the plan all along?

Then again, this is yet another chapter of this soap opera and it's still 3 against 1, so what do you expect anyone to say this time? I'm not suggesting that all this us your fault, but they haven't changed yet and I don't know how long you'll put up with them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LizD3 (California)
Posts: 200
Posted:
Tim – Good idea. But can’t. They just want it DONE.

Kerry – “duty of care” – yeah, no. They don’t.

Mark – Late happens. But hours just before a meeting for multiple estimates is too late for further inquiries (and some of us have a life!).

Shelia – Yes, common sense lacking. No property manager (owners gather the info). Yes they are that daft. No, we all got the info at the same time. Yes, it is a soap opera. I have to put up with them because I can’t just sell.

Everyone – as always, thanks, very much, for your help.

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