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JS1 (Nevada)
Posts: 30
Posted:
In Nevada, we have strong meeting notice requirements for Boards of Directors. So strong, that there is concern that if a quorum of the Board meets to talk with the landscaper, asphalt vendor, or to review the budget and establish a budget for the next year, it must be noticed to the whole membership, although no decisions can be made outside of a meeting.

The otherside of that is that when there are meetings and Board members bring in contractors and vendors to work through the education we need to make decisions (especially when there are issues like asphalt, and we are blessed to have someone who does this for the city who lives in our HOA - who came and helped us review the contracts and ask the vendors the right questions - For which the homeowners complained that all the board did was waste their time because one hour was spent talking and learning about the process and products...) So it can be a situation of darned if you do - darned if you don't!

What does the rest of the world out there have to help identify what can and can't be done in a workshop/committee meeting that does not have to be noticed to the whole membership.

Does anyone have any model language to define “Workshop”? - A brief intensive educational program, tutorial or consultation emphasizing collection and exchange of information between the executive board, educators and vendors where no action is taken which would be binding on the association.

Thanks
RobertR1 (South Carolina)
Posts: 5,164
Posted:
JS1,
I will take a guess and say that the consenus of the folks regularly posting here would be:

You must stay away from any commitment of resources. If members of the Board, those assigned specific jobs to do met and discuss those spoecifics, there is no foul. The Board cannot meet as a group without notice as required.

Don't bring the issue of what someone says about something you all have decided into this. Start another thread.

The Board must act with a knowledge and understanding of your covenants. They can not act to circumvent the covenants but they can decise to justify specific small narrow issues tha may fall outside of the covenants. This can not appear to be nor can it invole decision making or voting by the Board. It should include other people that have expertise to help them understand the problem and if possible this action should be held by open meeting, but agin there will be exceptions that would be allowed, but the must be reported completely in minutes of the board meeting, usually under committee reports.

We all know it is at time necessary for Board members to talk about specific items that are not covered with committee reports. Itis done daily and the differences are a matter of interpretation of what has to be reported. It is also a tightrope each board has to walk.
JS1 (Nevada)
Posts: 30
Posted:
Quote:
Posted By RobertR1 on 12/16/2008 12:40 AM

Don't bring the issue of what someone says about something you all have decided into this. Start another thread.

What?

I get the substance of your other comments and thank you. There are some points that can be distilled out to make a policy that our HOA can consider and publish for the membership to vote upon.

But what are you talking about here related to defining a workshop? "Don't bring the issue of what someone says about something you all have decided into this. Start another thread."
SusanW1 (Michigan)
Posts: 5,202
Posted:
Sounds like the board is doing Committee work. And, yes, that would take up an entire meeting.

Do you have a Road Committee?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
You wrote:

For which the homeowners complained that all the board did was waste their time because one hour was spent talking and learning about the process and products...) So it can be a situation of darned if you do - darned if you don't!

Irrevelent, you want to bring this into this thread, I suggest you start another thread. You don't have to justify yourselve to us. We are not judges or lawyers, all we do is offer opinions, personal at that. It has no relation to defining a workshop........my point.

I also suggest you take from this site, what you can find helpful, can verify, and adjust to your situation. I know also, you must have some ideas of your perception of the differences between a meeting and a workshop. That is good. Use what helps and you can support, use the search feature on this page top right also. In the end you and whoever will have to decide how fine you cut the line, I think you know that.
MaryA1 (Arizona)
Posts: 7,043
Posted:
JS,

AZ also has an open meeting law that states ALL meetings of the assn and BOD must be noticed and open to all members of the assn. There have been several Attorney General opinions issued regarding this open meeting law. The bottom line is: If a quorum of the board meets and discusses assn business, whether an action is taken or not, it IS a meeting and must be noticed. If you want to have a workshop to discuss certain matters or actually work on a project (i.e., a mailing) either notice it to the members or make certain a quorum of the board is not present. Committee meetings are generally exempt from the law since a quorum of the board does not attend.

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