What really constitutes a "meeting" of the Board?

Started by AlexL1 • 7 replies • 1166 views

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AlexL1 (Florida)
Posts: 305

Posted:

Assume there are seven member on a Board... or that there are five members that constitutes a "board...................

Assume that three members of a five-member board(or 4 members on a seven member board) happen to meet and talk about this and that and part(or perhaps all) of which pertains to the HOA-related items... or HOA-Board-related items Does this... or would this.. constitute an official meeting?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Alex,
Where did they meet? According to the Statutes, it does constitute a meeting. But there has to be some slack cut in reguards to this because there are times when a Board has to "LOOK" at something and the more BOD looking, the better. They cannot vote or make final decisions and should not do this unless there is no alternative and it is a very bad practice but sometimes it becomes nescessary.

For instance, we had a major Oak tree die off and I got the head forrestry pathologist from Tallahassee to journey down the 300 miles to look at the trees. All of the BOD along with the P.M , walked with him up and down the streets, taking notes and trying to get enough info from him as what the solutions might be. Was it a Board meeting? Legally it was but we had less that 12 hour notice so there was no posting of it being a meeting. This was at 9 in the morning and not a good time for meetings. We did pick up a few residents as we poked in their trees but no one cared that we were having a "meeting".

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Was there a notice of the meeting sent to all members of the board? Generally, I think you will find in most states that a meeting is not legal if proper notice has not been given. In our state, for example, board members must receive notice of the meeting at least 3 business days in advance for a meeting to be held. The notice requirements can be waived only if ALL board members are present.

SusanW1 (Michigan)
Posts: 5,202

Posted:

"Meetings" are where due notice has been given, there is a quorum of members present, and there is business conducted.

The bylaws will define quorum and notice, and will discuss "emergency" meetings and "waiver of notice for a meeting.'

RobertG (Arizona)
Posts: 505

Posted:

Quote:

Posted By SusanW1 on 03/17/2008 3:14 PM
"Meetings" are where due notice has been given, there is a quorum of members present, and there is business conducted.

The bylaws will define quorum and notice, and will discuss "emergency" meetings and "waiver of notice for a meeting.'

I would not agree with your definition. You are defining a legal meeting. The question is what defines a meeting, even if it is illegal.

I tend to believe a meeting is when there is a quorum, period. I don't even think you need to conduct business. This really depends on any definition in documents or state law. Otherwise, I tend to look in the dictionary to define what a meeting is and it seems to be a gathering of people.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I guess that squashes the Board Bowling team, then.

Come on - there has to be "business" performed.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,
You got that right. There has to be a time in the life of Board members. many of who become friends, that they can at least, hash over a problem. No decisions, no voting, no business, just a discussion. To keep from getting called on this issue, sometimes, 2 of us talk, then 1 goes to another house, to talk. Going out to dinner as a 5 member group is not feasable so I think that there has to be some happy medium for BODs who want to just hang out and talk.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

I believe the original question asked by Alex was: did this "constitute an official meeting?" (Last words from his question, above).

Was it a "meeting?" - Yes

Was it "official"? - Without notice, IMO, No.

What do you think should be meant by "official"?

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