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SusanO3 (California)
Posts: 163
Posted:
When our PM sends out the HOA agenda it's pretty free of detail. For instance, there us always landscaping, sometimes we don't have anything to discuss, or the discussion is more specific (for example aphids on tree and should we spray).

I'm Chair of our Board and come from a Corporate background, the agendas I'm used to are more specific so meeting participants can prepare. But formal Board Meetings are different, I know. How do your HOA's present the agenda, is there a reason to be very generic in how the agenda is written? Thanks for any feedback. Sue
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By SusanO3 on 11/30/2023 10:35 AM
When our PM sends out the HOA agenda it's pretty free of detail. For instance, there us always landscaping, sometimes we don't have anything to discuss, or the discussion is more specific (for example aphids on tree and should we spray).

I'm Chair of our Board and come from a Corporate background, the agendas I'm used to are more specific so meeting participants can prepare. But formal Board Meetings are different, I know. How do your HOA's present the agenda, is there a reason to be very generic in how the agenda is written? Thanks for any feedback. Sue

I personally think the agenda should give everyone a pretty good idea about what is going to be discussed. OTOH, your property manager, and board members who prefer to avoid homeowner input, will push for vague agendas that don't catch anybody's attention in a way that might lead to homeowners actually showing up at the meeting and asking questions.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DavidG45 on 11/30/2023 10:42 AM
Posted By SusanO3 on 11/30/2023 10:35 AM
When our PM sends out the HOA agenda it's pretty free of detail. For instance, there us always landscaping, sometimes we don't have anything to discuss, or the discussion is more specific (for example aphids on tree and should we spray).

I'm Chair of our Board and come from a Corporate background, the agendas I'm used to are more specific so meeting participants can prepare. But formal Board Meetings are different, I know. How do your HOA's present the agenda, is there a reason to be very generic in how the agenda is written? Thanks for any feedback. Sue


I personally think the agenda should give everyone a pretty good idea about what is going to be discussed. OTOH, your property manager, and board members who prefer to avoid homeowner input, will push for vague agendas that don't catch anybody's attention in a way that might lead to homeowners actually showing up at the meeting and asking questions.

Good observation.
ElleN (Idaho)
Posts: 4,420
Posted:
Susan, in my opinion the seminal authority for what the agenda must contain is contained in Civil Code 4930. See https://www.davis-stirling.com/HOME/Statutes/Civil-Code-493. For non-emergency items, thee statute says in part:

... the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920.

In my opinion, the subject of board votes that are expected to occur should be placed on the agenda with as much precision as possible. If precision is difficult, then aim to be clear about the subject matter, so owners can make a rational decision about whether to attend and/or comment.

As for items that are merely for the purposes of discussion at the time of the board meeting, I would say whoever writes the agenda can be more general. Though I think it's important to bear in mind that one of the main purposes of board meetings is to take action (meaning make decisions via voting).

Presentations by vendors should absolutely be noted on the agenda in some detail. Owners want to know what the board is hearing to make its decisions. Owners should be properly noticed so they can decide whether to be present for the presentation.

I believe: The higher the stakes of a board vote, the more important proper notice, including a sufficiently detailed agenda, is. The board does not want to invite threats of litigation on account of improper notice, because say the board listed only "landscaping" on the agenda and, say, took a vote to remove significant (to others) vegetation on common area.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Susan, it's always a good idea for CA HOA ppl. to go to Davis-srting.com, and in your case, go to Agendas to see lotsa good information. You also can see one or more sample agendas. You, as president, must insist that the PM give you a draft copy of the agenda prior to the 4-day required posting notice so that you can make certain each item of business on the agenda is specific enough so that owners can comprehend what it's about.

Does your Board receive a "Board Packet" or similar a few days before the board meeting with the items of business and background materials in them? This is crucial for efficient well-organized board meetings.

For your specific question the attorney at that website advises at https://www.davis-stirling.com/HOME/U/Using-Vague-Agendas: Q: "...If there are multiple items to be discussed under a category on our agenda (e.g., the Monitoring Committee), do we have to list each individual item or can the agenda just show 'Monitoring Committee'?" A: "All items scheduled for discussion should be listed. If you plan to discuss and vote on particular issues, the membership needs to be alerted so they can attend. By itself, 'Monitoring Committee' has no meaning. If the board plans to vote on the installation of security cameras in the common areas, listing that as an agenda item is much more meaningful."

"REC: Open meeting agendas need to be sufficiently specific to alert members [owners] to the nature of the business that will be discussed and voted upon to they can attend and observe the discussion if they so wish...."

So, based on Civ 4920 as Elle cites above, any item of business whether for a vote OR, it's important to note, discussion, must be listed on the notice & agenda in CA, which must be posted for owners 4 days ahead of the open board meeting. There is no pecking order, all must be listed.

In the 14 years I served on our CA Board and still today, our Boards never interview multiple vendors for possible contracts in open board meetings, but in Executive Session. And THAT agenda also must be posted 2 days ahead of the ES. Under New Biz, it should say Interview Three Vendors for Pest Control Contract. To select one of the three, the open meeting agenda item of business would say, Board to Select Pest Control contractor. No further details are needed. This decision can be made in executive session, but for the sake of transparency, our HOA always discusses and votes on their selection in an open meeting.

Others above are right when they say that sleazy, secretive Boards will post agendas that are completely vague--a very old trick-- and non-controversial to purposely try to dampen attendance by those pesky owners who might in the CA-required open forum ask tough questions. They also will post the mtg. notice & agenda in an obscure spot and sometimes will schedule board meetings at times when owner attendance is likely to be small, e.g., 9am Monday. My HOA had exactly such a Board for a year+, but owners voted them out.
SusanO3 (California)
Posts: 163
Posted:
Thanks everyone, Sue
MichaelS56 (Minnesota)
Posts: 858
Posted:
When I was President, I would send out a tentative agenda to all of the Board members and to our PM. The PM would take this information and formulate an agenda that was sent out to all of the residents in the association a few days before the Board meeting.
SusanO3 (California)
Posts: 163
Posted:
That’s what I think I will need to do. I have left it to PM as all Chairs before have done but increasingly feeling I need to be more I gloved and to offer a little more information than generic headings, it better reflects my personal values I’m trying to be open and informative with our members, I really am
KerryL1 (California)
Posts: 14,550
Posted:
I so agree with you, Susan--good for you! I think it's common that PMs form the basic agenda as they often know certain needs especially if they're onsite full-time. Again, the sample agenda at Davis-stirling.com is a good one.

Of you really want to be as open s possible with Owners, you might motion at an open meeting that not only board members but owners may also submit agenda items, which y Board has been doing for years. There is a form to complete and the president & PM have the final word on accepting any agenda items, i.e., they make sure the item is within th low & our docs, an and write good justification for its inclusion, plus a few other details. If cost is involved, the submitter could include that if know or else write th PM would need ti check, ec.
SusanO3 (California)
Posts: 163
Posted:
Wow well done you really have stepped up the openness level, well done. Thanks for the support it’s so easy to do what’s always been done but our townhomes are hitting middle age (born 1990) and maintaining infrastructure is now becoming an expensive issue and we need to be seen to try and involve membership
KerryL1 (California)
Posts: 14,550
Posted:
Seeing a fair amount ofinerest in Susan's topic, th below might not only assist her, but maybe others too.

Based on my many years' experience with 30+ directors on 7-person Boards in my HOA, a clear orderly agenda is crucial for a board to conduct its community's business efficienntly and effectively. Our HOA has a PM, but the below agenda request form can be useful to any size board no matter who manages the agenda or who chairs the meeting. In many (but not all) open meeting states, an agenda must be posted xx hours before an open board meeting.

Some years ago, directors were submitting potential agenda items of business in a very haphazard way after the Board had voted approval that any director (not just the president) may submit agenda items. The then-head of our MC sent us a draft form that directors could complete to get their items on the agenda. It was a lot like what you see below. The president & PM have the final word to accept and if they have time, they do send a form back to the submitter if they want more detail. So far as I know, no submission that adheres to the form and is legally within the jurisdiction of the Board has ever been rejected.

A year or two later, the Board voted its approval that any Owner in good standing may submit agenda items, a policy still in place today. Below with proper spacing between items, I've put my clarifications or examples within brackets [ ].

Agenda Form

Agenda items are due no later than ten (10) days prior to the relevant open board meeting. ALL supporting materials (citations, photos, etc.) MUST be included with this form when submitted to the General Manager.

Director/Member[Owner]: Unit #: Date:

Title for posted [for owners to review] agenda: [e.g., "Keep the Fitness Center open 24/7"]

Est. Presentation/discussion time period: [5 minutes]

Reason/justification: [The gym now is open daily from 5AM -midnight, but...."]

Est. Cost to Implement/Source of Funds: [additional electricity/HVAC expenses]

Management needs to do research or obtain bids? [No]

Motion wording if relevant:

Meeting Date: Received by: Date:

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