Other Business

Our HOA Board Meeting Agenda always includes an item entitled “Other Business’. This is sometimes used as an opportunity to discuss business that has cropped up too late to be included on the agenda.

I can’t think of anything that would be appropriate for discussion as other business and have searched DS website for clarification but can’t find any justification for including it.

Should I request we leave this item off future agendas? I feel it has no place there.

Why leave it off? Things come up in real time not agenda time. I think it is a good thing to have that. It may be something to put on next agenda.

Nothing can be discussed that is not on the agenda. "Other business" is vague. If any topic was discussed that was not specifically listed on the agenda, the association could be liable for violations of the Open Meeting Act. That goes for "old business" and "new business" too. Imagine if an increase in assessments to cover some repair was brought up and the membership had no notice of it. These are ways that members can rightly be critical of the board.

My hunch, LmT, is that it's been on your Boards' agenda for many years. For many more recent years, however, no items of business may be discussed in CA HOA open board meetings unless they are on an agenda that's posted for owners to review 4 days before the open Board meeting.*

CA requires an open forum for owners so that they may make comments, ask questions, etc. Sometimes there are questions or suggestions that would require Board discussion, deliberation, etc. Because of this legislation, at the end of our Board's handout for owners on "Board Meeting Conduct," is this statement:

"Please realize that the Board or Management may not be able to respond to your Open Forum remarks without research. Board deliberation or votes on non-agenda items, per Calif. Civil Code 4920, cannot occur on the spot. The Board will consider these for a future agenda."

So the reason you're unable to find anything about "Other Business" at the Davis-stirling.com site is that the item isn't permitted. Your Board should simply remove it from your agenda template.

*(There are exceptions, of course, for emergencies, or urgent matters on which the Board, AT that meeting, can vote to discuss/take action on.)

I see Terri & I overlapped and so now, LmT, you can see her fine citation from Civ. 4930. Since you wrote that there's not much said at that agenda item, again, just remove it from the board meeting template.

As with boards in my HOA, and perhaps in others in CA, directors submit their agenda items of business several days before the scheduled meeting so that they can be included in a "Board Packet," or "Directors Report."'

Open forum is the best time for anyone to make announcements or make suggestions for the Board to consider at a later date.

I prefer to leave it off because in California it is not permissible to discuss or vote upon items that are not on the Agenda.

This law is designed to be fair on homeowners who are entitled to know what is to be discussed at the monthly meeting and gives them the option whether they wish to attend.

Thank you, Kerry.

This item kinda comes and goes. I have mentioned in the past that it doesn't belong there.

We do have open forum at the beginning of our meeting and we do have a statement along the lines you suggest.

At the beginning of March we will have two new board members which seems like a good time to get our meetings a little better structured. Having spoken to the candidates who are up for election, it appears we agree on that. At this time, I am the only board member with the most (and not that much) knowledge of the DS Act and the only one prepared to do the research necessary to ensure we are in compliance.

We met with our HOA Attorney last week who assured us we are conducting business correctly - a huge relief. I and my fellow board members are anxious to continue carrying out our duties properly.

I appreciate all the help and advice I get from this forum.

Very nice that you met with your attorneys, which I recall is rare in your HOA. But it IS good to touch base, to hear about new legislation, etc.

Yes, I've mentioned maybe elsewhere, in the past, that we offer open tow open forums , one at the beginning of the meeting and one at the end. Our Board have been doing this for at least a dozen years and it works out very well.

The topics a Board will discuss AND take action on must be itemized on an agenda, not a generic old business, new business. Now if an owner brings up a topic not on the agenda, the board can discuss BUT not take action. They may consider putting the topic on a further agenda for discussion AND action.

As you don't practice in California, keep your comments to the affairs of Idaho

Yes, for clarity, I agree with Aidyl that items of business must be listed under the general category of "New Business," etc.

In CA, Any item of business that will be discussed, deliberated, debated or decided must be on the agenda posted 4 days before the open HOA board meeting.

Well, Civil Code § 4930. Limitations on Meeting Content says it all. See: https://www.davis-stirling.com/HOME/Statutes/Civil-Code-4930#axzz2CR2ljirY. Note that it's not the president who decides what Board meeting policy. The Board decides. I'm little concerned that the new president seems to think the prez is the boss. But you, of course, want a smooth relations for the overall benefit of your community.

I'd send her the entire citation noted above.Do point out that there are a few ways in which a bit of discussion can occur. See, for example, 5490, (b) (2) when the Board would agree to ask the M to look into something that perhaps comes up in Open Forum. See also (b) (1).

And you can also see the boards in Ca may act on something that emerged last minutes that requires "immediate action" But, again the Board, not the president decides.

Also see the sample agenda at Davis-stirling.com.. "Other" is not on it.

We have our Agenda, minutes and financials posted on our website. The agenda and the financials are handed out (or emailed with the notice) at the meeting if it's an in-person meeting.
Our community is very involved, perhaps because it's a small HOA, with sometimes as many as 8-15 homeowners in attendance. Perhaps having zoom meetings makes it more convenient but my neighbors are interested in what is going on with the HOA - especially where their money is being spent.

These are the reasons I would like to see our board operate well within the law.

I agree it's important to have smooth relations with your new president. I hope she's aware of the duties of the President in your Bylaws. From what I've seen in CA, an HOA's Bylaws are drawn heavily from CA Corporations Code-- non profit corporations. Boards govern non-profit corporations, not presidents. So the description of the president's authority in your Bylaws might be very similar to those in my HOA as in the below partial snippet:

"....The president shall, unless otherwise determined by the Board, have the general power and duties of management usually vested in the office of president of a corporation, together with such other powers and duties as may be prescribed by the Board or the Bylaws...." This is in a 2022 restatement of our Bylaws, but this part is very similar to our original ca 2000 Bylaws.

We can see that the Board has considerable authority. So you're right to be aware of her conduct and the Board should not let her exceed her authority. Let's hope she reads some items at Davis-stirling.com. With a couple of retired attorneys who attend and have ben critical in the past, is another reason to go by the book.

It's great that your HOA members attend your Board meetings in such high numbers. But I can't quite remember the number of homes. 40+ ? 60?

Attendance at our 200+ unit condo HOA had been in the 30s--considered pretty good-- for a couple of years, but has declined in the past 4 months. Part of it, imo, is very boring agendas.