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LisaN1 (Florida)
Posts: 12
Posted:

Previous board had workshop meetings a week before every monthly board meeting. These workshops were never posted in an obvious place so homeowners never attended but we have copies of the postings that were in the boxes from the previous management company. In addition to having these somehwhat secreat meetings, it seems that they didn't keep minutes of any of these meetings. There are no written minutes anywhere and minutes of the workshops are never referenced (ratified or otherwise) in any of the minutes of the monthly board meetings that followed.

Is this legal and what can we do?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Lisa,
Workshops do not require minutes as they are considered informal gatherings usually with a specific topic to be talked about such as Budget and perhaps rules discussions. Boards sometimes call them just to get resident input.

You said that you have copies of the postings from the previous P.M? Do you mean before this problem came up? Even if it was just posted once someplace where the general membership can see it, there is no problem with that. Our workshops whene they are held, are posted in the newspaper as they do not require a 48 hour posting per State Statutes.
BrianB (California)
Posts: 2,820
Posted:
workshops have to be careful, however, to not cross the line and conduct business, discuss voting issues, etc.. I would advise a board that they were at the top of a slippery slope if they were:

holding workshops that didn't have owners attending, AND
they had no minutes of what was actually said and done in those workshops AND
these workshops were not opened in advance by notice to owners...

Not saying they did anything wrong, just saying they are teetering on the edge, and it would only take a small item to push them over the side. If one board member admitted talking about landscaping contracts, how they were going to vote next week, etc., then it could be construed as a business meeting...

DonnaS (Tennessee)
Posts: 5,671
Posted:

Lisa,
Brian has pointed out a valid concer. At a workshop, there is to be no coting or motions made to conduct any association business. You post a subject that the workshop will be discussing and getting input from the residents. That is what you are able to do but no voting or motions. I would hope that any topic that was discussed, there would be someone taking breif notes for referencing.
LisaN1 (Florida)
Posts: 12
Posted:
You see, that's just the thing. The notices were posted as Board of Directors Workshop and just the date, time and location were given. There wasn't an agenda and no homeowners would attend because they would post these notices in an entirely different place where they would post the board meeting notices. They would post the board meeting notices on a big sign at the front gate and post the workshop notices in the little glass cabinet outside the doors of the clubhouse. To me it was clear that they didn't want membership to know. furthermore, whenever they had a monthly meeting, they really didn't discuss any business--they would just ratify decisions. While there is no way to really prove it, it seems that a lot of business was discussed at these workshops so that the monthly meetings would be faster.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You said "it seems that a lot of business was discussed at these workshops so that the monthly meetings would be faster."

Are you claiming - for example - that a DECISION was made about an issue at the workshop, then the motion was made and passed at the Board meeting?

Are you hearing DEBATE over the motions at the Board meeting, or does this seem just like a ratification of the decision?
LisaN1 (Florida)
Posts: 12
Posted:
We were just hearing ratification at the meetings--the motion was made and carried without any discussion. So, yes, it seems that all discussion and decision was made at the workshop meetings and then passed at the board meeting.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Lisa,
That is what the workshops are for--to discuss all of the options and possibilities. Everyone gets a turn at input and it is sorted out by the Board. There is no violation that I can pick up on. I know Fl Statutes quite well and I see nothing going on. These workshops are a great tool for everyone to get heard at a very informal format. The Board then has time to digest information and hopefully make more learnid decisions at meeting time.
BrianB (California)
Posts: 2,820
Posted:
if no owners are invited to, or allowed at, the workshop, and decisions are being made, it begins to stink of a closed meeting. not conducive to good HOA board relations.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Brian
Lisa said that the meeting was posted, just not in the usual spot that she usually sees it. Owners were allowed. No decisions were made but she states that "IT SEEMS" that decisions were made because then at the regular meeting, the Board just motioned and made a decision.. I do not beleive that you can consider thatworkshop a "closed meeting"
BrianB (California)
Posts: 2,820
Posted:
donna, i never said it was a closed meeting. Just that it begins to smell like one.

If i post notices to a meeting on the front bulletin board all the time, and then suddenly, for this one, i post it on the back wall near the oak tree... am I hiding something? Maybe not.

If i post notices two weeks in advance for all my meetings, then suddenly post this one only a day ahead. Am i hiding something? Maybe not.

If i regularly publish notes and minutes of my meetings, but suddenly, declare that there were none taken, am i hiding something? Maybe not.

If i start using all the tactics of a cabal board, and stop communicating with my owners, become secretive, select, am I guilty of anything? Maybe not.

But in all these cases, better choices could have been made. And when you add them all together, it does begin to stink.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Brian,
I am certainly not defending the system that Lisa's Board uses to post the workshops. It seems less than adequit but that certainly does not say that the Board is "up to something". I'd call it just plain inadequit.Was there a definite scheme to hide workshops from the membership, I doubt it.

Now we look at this from a Board members point of view. The members just basically are not that interested in what the Board is doing until it comes time for them, the membership, to have to pay more in dues or assessments. They do not go out of their way many times, to find out what is happening by going to meetings, and sometimes you have to go an extra inch to find out when to go. So the blame(I hate that word) here seems to be a little of both.
AnnaD2 (Florida)
Posts: 960
Posted:
I seem to be missing something here. I'm of the understanding that ANY time a QUARUM of board members meets it IS considered a Board Meeting and must be posted as such, and minutes should be taken. They WILL be discussing association business whether it is called a "meeting" or a "workshop". Sounds wrong to me, too.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
Typically, our workshops do not include a quorum of Board members. At the Budget workshops, the Treasurer attends, and the same with amendment workshops, landscape, etc. The committees for those purposes will be there and they and the presiding Board member lead the meetings. The sole purpose of these meetings is for an exchange of information and usually have some healthy debates as to the pros and cons of whatever subject is the reason for the workshop. This is where the general membership can really get involved in the decision making process by having input.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
I forgot to add, YES indeed you are right, that if a Quorum of the Board was present, it would have to be posted 48 hours ahead and have an agenda. The workshops are posted with the subject of the workshop included but do not require a Board quorum. The O.P said that hers was posted but not where everyone was used to seeing it. As I said, just negligence at best from her Board.
LisaN1 (Florida)
Posts: 12
Posted:
I do understand that as long as it was posted, it's okay but I don't understand why minutes weren't taken. I thought under Statute 720 that minutes had to be taken at all meeting of the board whether workshop or otherwise.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Be careful when using the "M" word - for "Meeting"

A workshop, informational session, work session, even pre-meeting, are NOT official meetings and are informational, only.

If you want to have more input, then find out when and where these session are. Express your concern that input is not being received from the general membership.

At the Board meetings, the Board acts and by then it's too late for general membership input (since they can't vote at that time in general Board meetings)

BrianB (California)
Posts: 2,820
Posted:
a workshop, etc may not be a meeting as long as meeting business is not conducted. But boards need to be very careful in how they do business. It only takes a side conversation between two board members at the punch bowl about voting, and "business" is conducted. If this happens too often, then the real business of the board is becoming done outside of meetings, and treads on thin ice.

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