Attendance

Can someone other than the homeowner attend a HOA meeting?
Can a homeowner send his/her representative with proxy power to vote?
Can a homeowner send his/her attorney to attend instead of him/her?
If attending a HOA meeting makes him/her so ill (nerves and upset stomach), can he/she have someone else attend?
Our HOA meetings are getting so emotional...
Thanks.

I echo Tracie's comments.

Our documents allow for non-members to attend, they just can't vote (obviously).

Our documents also allow for a Homeowner/member to designate a proxy, and that proxy can be an attorney.

But you would need to review your governing documents AND your state laws regarding those questions.

(Our state laws don't address HOAs or their meetings, so . . . )

1. It is a private meeting. Only members, those allowed by proxy, and invited or allowed guests may attend.
2, 3, & 4. Depends on your controlling documents. When they allow a member's attorney(proxy) or other allowed proxy may attend, speak, and vote on a member's behalf.

MaryB10, I'm sorry your meetings are having such an effect on you but it looks like Davis-Stirling changed it so only another member can hold a proxy, at least for voting purposes. It does allow you to hold your unit as a corporation and appoint a member of the corporation to attend as the representative. The same thing applies for a family trust only in that case only the trustee(s) have standing, the beneficiary of the trust does not. The following speaks specifically to Board Meetings not Annual Meetings but having checked that section, I can find nothing to imply different rules for attendance would apply.

From davis-stirling.com:

Who May Attend Board Meetings

Members. The Open Meeting Act provides that members may attend board meetings. Civil Code §1363.05(b)

Renters & Spouses. Renters, spouses not on title, and other non-members do not have a right to attend board meetings or to address the board. However, many boards allow tenants and non-member spouses to attend board meetings and to address the board during open forum, provided they are not disruptive.

Attorney Limitations. Lawyers representing members or non-members do not have a right to attend board meetings--the right to attend is reserved to members. Civil Code §1363.05(b) Members cannot get around the exclusion by sending their lawyer with a "proxy" since proxies only apply to membership meetings, not board meetings. Moreover, proxies for membership meetings may only be given to members, not to non-members. Civil Code §1363.03(d)(1)(A) Lawyers who are members of the association may attend board meetings if they are attending in their capacity as members, not lawyers. (Bold mine not the web sites)

Disruptive Attendees. Disruptive attendees, despite their membership status, can be removed from meetings.

Oh, I should have added (why can't we edit!!!??) that we also discuss DIFFERENT business at the BOD and Members meetings. I refer to the meetings as short term and long term. The BOD does the long-term stuff, and the Members meeting does the short-term stuff.

Hi Mary,

Yes, our BOD has only met once per year up to this point. I'm the one person who does all the work. (Pays bills, compliance, walking around picking up litter, depositing dues, legal compliance with CCIOA and our various legislative changes, reviewing documents to send to committee for suggested bylaw/CCR amendments...hmmm...what else...?)

This year, I'm trying to get the BOD to agree to meet quarterly. I'm trying to force it by telling them we could be in legal trouble for not performing our fiduciary responsibility.

I'm not sure I understand your need to write more rules if your community is not "big" on compliance now.

One of the first things you need to "fix" is that. Either eliminate the clauses that you don't want/need, or enforce compliance of ALL provisions, equally.

Tracie,
Of course my question had to do with the context of the post (added at end)and the procedures that may differ, between a annual and a board meeting. That is the question, how do they differ.

But after reading Mary's post and your latest, it may help to consider strongly what she is talking about and that is: You may be spreading yourselve too thin. I suspect you know this and figure there is no way out. As Mary says, give it a shot, first the Board and then the membership, ratting the Board out because they won't help. You are formulating a presentation anyway, a couple more lines added like: :If you all don't help, here is your papers, and her are your Books, blah, blad and lay them on the Board table and go sit down. See what happens.

Of course you know from posting here Tracie, we don't always get the whole story, and when I post and ask a question I spin it a little to try and get the information I want. I do, I am not saying you do.
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To all,
Is there a difference between BOD meetings and Members Meetings (usually annual)?

If the documents do not address any of the specifics when a question of this nature arises, can the Board pass a Rule or decree that addresses the specific issue? Would it have to be a document amendment?

It is fairly common for non-members to be present at both kinds of meetings for special reasons. I would think that there presence in some instances could be by Board invitation for a special reason but the invitation would only be for that part of the meeting covering the concern.

I suppose it would all depend on the proxy rules or conditions listed on the proxy how much participation the holder would have in the meeting. I think our documents specify only members can hold proxies. Can a person with POA attend , vote the proxy, and speak? I expect that would depend on what the POA states. Personally, I think there should be strict rules about POA and proxies. I don't like assigned proxies as we know it is abused all the time in order to push specific changes through the meeting, if limits aren't set.

I certainly agree there should be some attempt, in fact it is mandatory, that the Board provide a safe and comfortable atmosphere to conduct meetings. They can and should control the meeting, no doubt about that and this may well be one of those responsibilities of the Board that can result in legal involvement if the Board doesn't.