For new members here: Michigan's hoa statute is non-existent. Its condo statute is bare bones, AFAIC.
Quote:
Posted By LouH1 on 01/06/2024 1:16 PM
I have not been out voted or anything like that. I am concerned because RRO is our chosen parliamentary procedures book cited in our bylaws and we are not following procedures very well. We vote on Board issues, but the meeting is not formally brought to order, nor is there a written agenda or even any advanced notice given. And the meeting minutes are often called a "summary." Again, my concern is that someday someone may figure this out and say what the Board has agreed to in the past months was not following proper Board/Parliamentary procedure and therefore is not valid.
Questions and observations --
-- What are the chances the other directors would be interested in digging hard into the 800+ page tome that is today's Robert's Rules?
-- The text of Roberts Rules makes clear that the rules are designed mostly (by far) for a "deliberative assembly. A deliberative assembly has //no// board. Instead, in a deliberative assembly all decisions are made by all members of the organization, en masse. In a deliberative assembly (which a HOA or condo is //not//), one member is equal to another. By contrast and per the law, for shareholder corporations such as condominiums and HOAs, the owners have a few specific powers, as given in the bylaws and state law. Owners are not equal to directors, when it comes to the bulk of the decision-making. A board of directors does the bulk of the decision-making.
-- What does this mean in application? Fact:
A mere fraction of Robert's Rules applies to HOAs and condo associations (shareholder corporations). -- Robert's Rules is largely and literally not applicable to HOAs. Instead, the bylaws and state law have much more to say about how meetings are run, votes are conducted, et cetera. The online Robert's Rules forum routinely tells HOA / COA people that they should be reading their bylaws and state statutes for direction, because so much of RR does not apply to organizations where the legal structure puts boards in charge of the bulk of decision-making. Descendants of Henry Robert actually moderate this forum. They try to make sure people are properly informed.
-- What are the chances directors at this HOA would go study Robert's Rules and confirm the above? I would say near zero.
-- I do not think Robert's Rules even addresses notice for board meetings. Why? Because again,
Robert's Rules is not written for organizations where boards of directors do the bulk of the decision-making. -- It is ridiculous how much authority HOA/COA owners and boards sometimes try to assert Robert's Rules has. They are wrong.
-- One other thing about Robert's Rules: The latest edition is
not available online for free. Robert's Rules continues to be published by descendants of General Henry Robert and a few non-relatives, for their profit.
-- This forum could go through countless hypotheticals and opine on whether a court would agree a board decision was lawful or not. I think this would not be particularly helpful. Instead, if you have a specific situation that worries you, describe it.
-- In my opinion as long as everyone who is supposed to get a chance to vote on issues actually gets this chance, and as long as the decisions are recorded in minutes, then I think the board is likely fine and the HOA is about as safe as it would be compared to the the Board suffering the pain and agony of trying to parse the fraction of RONR that actually applies to shareholder corporations.