Cancelllation of Regular Board Meeting

Started by BettyO1 • 6 replies • 2142 views

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BettyO1 (California)
Posts: 104

Posted:

If a monthly board meeting is cancelled due to lack of quorum of board members, are there rules on time limits for meeting to be rescheduled and take place? Otherwise, board can dodge homeowners! Don't see in HOA governing documents.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Betty,
Do our governing Bylaws have a requirement for monthly meetings? Most all documents that I am aware of only require an annual meeting and Board meeting are actually a perk to the membership. Check your Bylaws. If you do not have Board meetings stated as a monthly requirement, then it is at the Boards discression to hold them whenever they desire. At least they cancelled this one because of not having a quorum which was the correct thing to do.

SusanW1 (Michigan)
Posts: 5,202

Posted:

They should have adjourned to another time (set the time and place right there) if your bylaws state that monthly meetings must take place.

GlenL (Ohio)
Posts: 5,491

Posted:

Betty if monthly meetings aren't specified in your CC&R's then under California law the BOD must meet at least quarterly.

Davis-Stirling Act

Civil Code §1365.5. Financial Duties of Board; Reserve Transfers

(a) Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following:

(1) Review a current reconciliation of the association's operating accounts on at least a quarterly basis.

(2) Review a current reconciliation of the association's reserve accounts on at least a quarterly basis.

(3) Review, on at least a quarterly basis, the current year's actual reserve revenues and expenses compared to the current year's budget.

(4) Review the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts.

(5) Review an income and expense statement for the association's operating and reserve accounts on at least a quarterly basis.

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SheliaH (Indiana)
Posts: 6,964

Posted:

We usually don't cancel the meeting, but don't vote on anything because of a lack of quorum. When we summarize the meeting, we'll note who was there and who wasn't and then say "discussion only", listing the things we talked about, but no details on what was said.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SusanW1 (Michigan)
Posts: 5,202

Posted:

No need to keep minutes or even write down who was there - you had NO meeting. Conducting business - even conversations about HOA business - in an inquorate setting is not proper, even illegal.

Note the lack of quorum and adjourn to a time where there WILL be a quorum If this is happening often, then you need to look at why members are not attending meetings.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Betty,

What is your real question? Do you think the board is cancelling the monthly board meetings then meeting secretly to avoid having members attend? If so, they may be in violation of state law. Apparently rescheduling board meetings is not addressed in your bylaws. Have you thoroughly checked out the Davis-Stirling Act and also the CA Corp Code? Frankly, I doubt it is addressed in either, but it's worth checking out.

If a board meeting is cancelled because of lack of a quorum all the board needs to do is reschedule. If there are no pressing issues to be addressed this month they can wait until the next regularly scheduled meeting.

Why do you think your board doesn't want members attending the board meetings?

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