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JeanS1 (California)
Posts: 23
Posted:
I am in a continuous debate with other members of the board on which I serve with the posted agenda.
The secretary posted the following agenda which I think violates the Open Meeting Act:

I. Call to Order
II. Open Forum
III. Reading of Minutes from Previous Meeting
IV. Financial Report
V. Old Business
VI. New Business
VII. Adjournment.

Am I wrong or right?

Jean in Encino
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jean,
What are you "debating" about? What do you want to be right or wrong about?
JaneK (California)
Posts: 175
Posted:
Donna,
JeanS1 wants to know if her board is in compliance with law.

CA law now requires the posting of the meeting agenda along with the meeting notice and forbids the board from acting on or even discussing an item not on the posted agenda. I would agree that it violates the open meeting act, CA CC 1363.05. I read the agenda JeanS1 posted as saying nothing. Specific items before the board should be listed on the agenda. I’d hate to have to fight it out in court, lawyer$ alway$ win.

Refer 1363.03(f) and (i)
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1149462110+1+0+0&WAISaction=retrieve
(i) (1) Except as described in paragraphs (2) to (4), inclusive,
the board of directors of the association 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 posted and
distributed pursuant to subdivision (f). This subdivision does not
prohibit a resident who is not a member of the board from speaking on
issues not on the agenda.

Jane
BrianB (California)
Posts: 2,820
Posted:
that agenda would also violate the Arizona HOA open meeting laws. In essence, the agenda must be specific enough that the average person could tell if there were items of interest being discussed, by virtue of reading the agenda. The agenda presented seems very vague and generic, and would not likely pass muster with the AZ courts.

JaneK (California)
Posts: 175
Posted:
or CA courts
Jane
PaulM (Pennsylvania)
Posts: 1,347
Posted:
JeanS1: Since you state you are on the Board, then you, yourself, would know IF, for this particular meeting, there will be items for discussion which will require a vote of the community. IF there will be no vote, I don't see what the problem is.

Under Old Business there may be update on solutions already reached; and for New Business there may be discussion and input requested from members. Further, there is an opportunity in Open Forum for residents to present other concerns.

What do you think would be a better solution to the agenda presented since you have a firsthand knowledge of what will be discussed at this meeting?

GeraldT4
Posts: 1,022
Posted:
JeanS1 - Based upon JaneK'1 excellent information/post she's clearly guided you appropriately. I notice that the Open Forum portion is second. I've never understood why it Board's choose to do that. It prevents owners from asking questions about matters discussed if the Board doesn't permit them to comment after the agenda items are concluded. That said aside, to me it's strategically stupid to do if a Board really wants the community to be informed. Reason is that many owners come just to say what they want and leave. Placing the Open Forum portion at the end will force owners to hear all the rest of the good stuff that goes into running an association.
JaneK (California)
Posts: 175
Posted:
PaulM,
According to California law, the board cannot even talk about an item that isn’t on the agenda, let alone vote on it. In addition, the homeowners must be informed of the agenda.

Something more like this:
I Call to order
II Open forum
III Previous minutes
IV Financial report
1 Current budget deficit
2 Unanticipated expenses
3 Reserves
V Old Business
1 Pool maintenance
2 Playground equipment
3 Gutter Cleaning
VI New Business
1 Bids for fencing
2 Asphalt repairs
VII Open forum
VIII Adjournment

I’d like to see even more detail.

Gerald,
With a proper agenda homeowners will be able to comment on items before the board and hopefully influence their decisions, by the end of the meeting, the voting is done and it’s too late to influence the board. Actually I would like to see open forum at the beginning AND end. The board members really don’t want homeowners to be informed, in spite of what they say.

I do believe under CA’s open meeting act that homeowners have the right to ask for clarification of discussion or repeat if homeowners can’t hear. Too often the board and management will refer to “page 28…” No one but the board knows what the heck is on page 28. The law simply states that homeowners may not participate in deliberations. This could be an item for a second open forum.
Jane
GeraldT4
Posts: 1,022
Posted:
Jane - I'm all for owner input, inclusion, agendas, and proper notice. It's a big part of my work ethic. However I do think that owners should be provided an open forum session at the end of every open meeting. Doing so keeps owners that do show up in attendance till the end. Their more likely to mentally process the current state of affairs. The Board members are elected to govern on behalf of the association. Right or wrong they can't be challenged every time they make a decision. Why not provide an open forum session after each agenda item then? To me, it's overkill and can become a bit of scrutinizing. If owners are not satisfied with the decisions of their elected officials, why heck, isn't that part of the process? Some of that dissatisfaction is actually healthy. What can be unhealthy is how owners, board members, and management often improperly communicate their feelings and information.

As for your agenda concepts, why not provide a brief description after each topic, this way the owners know a little bit about what will be discussed?
JaneK (California)
Posts: 175
Posted:
Gerald,
I agree with you on the agenda. The agenda i posted was still quite general and could use more detail as you suggest. Once our agenda listed 'landscaping' under new business. That covers a lot of ground (pun intended) Would rather have seen 'proposal to remove 3 pines trees in common area A.' That would have gotten attention, no ones wants trees cut down. Then there are those annoyed by the needles. The detail would definately get more people involved.

You have a good point about keeping owners involved by having open forum at the end. However, would owners even come and express their concerns if they knew they had to wait until the end of the meeting to speak? I think getting people involved is the hardest thing to do whether you have the forum at the beginning or at the end. Unfortunately, most owners really don't have a clue about what goes on.

You are definately right about communication!
Jane

RobertG (Arizona)
Posts: 505
Posted:
Quote:
Posted By BrianB on 03/09/2008 10:00 PM
that agenda would also violate the Arizona HOA open meeting laws. In essence, the agenda must be specific enough that the average person could tell if there were items of interest being discussed, by virtue of reading the agenda. The agenda presented seems very vague and generic, and would not likely pass muster with the AZ courts.


Even though off topic, BrainB, can you point to the AZ law that states any agenda is required at all?
RobertG (Arizona)
Posts: 505
Posted:
Quote:
Posted By JeanS1 on 03/09/2008 4:20 PM
I am in a continuous debate with other members of the board on which I serve with the posted agenda.
The secretary posted the following agenda which I think violates the Open Meeting Act:

I. Call to Order
II. Open Forum
III. Reading of Minutes from Previous Meeting
IV. Financial Report
V. Old Business
VI. New Business
VII. Adjournment.

Am I wrong or right?

Jean in Encino

Not to get off on a tangent, but I am a big fan of changing V. to Unfinished Business. The concept that something that happened in the past is Old Business is misleading. You either have something you haven't talked about (New Business) or you have something you talked about and tabled (Unfinished Business).
BrianB (California)
Posts: 2,820
Posted:
Robert, no law that requires an agenda except for special meetings of the members (in which you do have to state the purpose of the meeting.. not the same as an agenda, but close).

I took my view based on an HOA open meeting FAQ i ran across yesterday on the web that helped explain how to make good agendas, which of course, i cannot find today to save my life. Essentially, it provided examples of agendas that have not met court challenges, and those that had. I guess the idea in the suits was that some HOA's publish an agenda so vague that it provides no information to owners, and that if an agenda were published, it should be specific enough to let an owner know that they should or should not attend.

my apologies...

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