MC asks us to vote on agenda items to be listed?

Started by IreneC • 11 replies • 1564 views

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IreneC (North Carolina)
Posts: 111

Posted:

This is the weirdest thing I have had come from our new manager from our MC.

I asked for a couple of ongoing items that are lacking maintenance to be added to our next agenda. ( basic ignored items... no biggies)
My new manager said... speak to the rest of your board and have them mail me with a yes or a no as I usually just have a basic agenda and add to it in this method.

I just attended a 2008 seminar for our new HOA laws in California. It was CLEARLY stated that agenda items must be specific, and listed 4 days prior to any meeting.

Is the request from the manager odd? Illegal?

I really need your input on this!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Irene,
I think that you might have read something into her statement AND she was too vague in her response.

I will give her ther benefit of the doubt in what she meant. She said that she just has a "basic agenda" which to me means that she has a "Call to order, minutes, approval, new business, old business, etc. She adds specific items to the agenda as she is directed by your Board. And those additions come from requests, etc from residents, management and vendor needs. Only the Board okays items added to your agenda.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Irene - when the presiding officer asks for additons to the evening's agenda, ask that your concerns be listed under "New Business."

I'm not sure why you went to the MC for agenda items. There is a basic outline of items on any agenda (listed in a previous post), but the agenda must be approved - so get your items on the agenda AT THE MEETING.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By IreneC on 05/24/2008 9:28 AM
This is the weirdest thing I have had come from our new manager from our MC.

I asked for a couple of ongoing items that are lacking maintenance to be added to our next agenda. ( basic ignored items... no biggies)
My new manager said... speak to the rest of your board and have them mail me with a yes or a no as I usually just have a basic agenda and add to it in this method.

I just attended a 2008 seminar for our new HOA laws in California. It was CLEARLY stated that agenda items must be specific, and listed 4 days prior to any meeting.

Is the request from the manager odd? Illegal?

I really need your input on this!

Irene,

I don't find the manager's request to be odd at all. She's only asking that you clear these items with the rest of the board b/4 they are put on the agenda. She only prepares the basic agenda (see Donna's explanation of that) and relies on the board to let her know the specifics. Apparently this is the procedure she is used to. If you think you should be able to have an item added to the agenda w/o the consent of other board members then you need to bring that up with the board.

GlenL (Ohio)
Posts: 5,491

Posted:

Irene I would recommend you go to: http://www.davis-stirling.com/index.html
Under index of topics there is an excellent section on agendas for all types of meetings and what is and is not allowed in California.

Studies show that 5 out of 4 people have problems with fractions

JaneK (California)
Posts: 175

Posted:

Davis-Stirling.com is a lawfirm. They are not associated with any government agency. I feel the name of the site itself is deceiving even though there is a clear disclaimer on their site. I’ve had to ask the board members and management more than once, “When you say ‘Davis Stirling,’ are you referring to the lawfirm or to the actual Civil Codes?” It is the opinion of ONE lawfirm. Check other sources and lawyer sites such as Beth Grimm, the Congoguru, a sponsor of HOATalk, and CA codes themselves. http://www.leginfo.ca.gov/

BTW, one of the items listed on their sample agenda is “Management Report.” It is not sufficiently specific to prevent the managing agent from bringing up whatever is on his/her mind and discussing it with the board,
whether it’s on the agenda or not.

The site is well organized, but check all information you can find.
Jane

EllenS1 (Florida)
Posts: 1,148

Posted:

Quote:

Our hoa allows owners an opportunity to speak for a limited amount of time after the board meeting usually under "new business". If your docs so provide bring up your concerns at that time.

IreneC (North Carolina)
Posts: 111

Posted:

Well well well.. our MC manager was fired today. It appears as though there were issues at her office and we now have a new contact manager...

So this subject of "voting" for agenda items.. will hit the trash as it should of..

BradP (Kansas)
Posts: 2,640

Posted:

I don't necessarily find it odd...I think it is common place for the board to approve and submit agenda items. But, as Ellen suggested if the board won't put it on then bring it up in the open forum of the meeting.

IreneC (North Carolina)
Posts: 111

Posted:

The manager who tried ti instill this was FIRED yesterday. So.. we will not be doing things her way and as a board we did not want to follow her intilled rules of agenda items.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Brad,

I think that we are similar in the thoughts of how an agenda works. In my HOA experiences, no one is allowed to add or delete things from the agenda except the Board and usually we let the P.M and the President do the writting of it. I'll send an e-mail to both with c.c. to the other BODs and then it gets added to the agenda. I still find that she did nothing illegal. You are just one Board member and a prior notification to the other Board members should be a requirement before anything is added. I am not saying that you should have a prior discussion BUT a notification .

So, the P.M got fired because she was not doing a good job? Wow!

IreneC (North Carolina)
Posts: 111

Posted:

There is always more to termimations than we are previe too. but with what I have dealt with personally this manager was not a good fit for us anyway. She emailed the Board as a whole and made comments about rude emails from board members.... somthing that is not ok, but that should of been brought in person to our meetings to be addressed appropriately, she also had a very poor follow up to emergency issues. My emergent plumbing issue took her 4+ hours to awknowlege the initial call to her .. It wasn't a good fit.

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