Board Motions

Started by BettyO1 • 4 replies • 1476 views

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BettyO1 (California)
Posts: 104

Posted:

If, during the open forum of a board meeting, a homeowner brings up a topic for discussion, can a board member make a motion emanating from the discussion that is voted on by the board? Or, does topic have to be on the agenda?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your own documents may have some guidleines, but in general, a motion can be made at any duly called meeting.

If the motion involves a topic that requires Notice to the Membership, such as a dues reate increase or amendment, then the Membership must be notified. But, if for example, if it's as simple as a motion to establish a committee, then it's OK.

Some HOA guidelines require that an agenda be posted before the meeting so that Members know what is being voted on, but other motions must be allowed to be considered so that the little business of the HOA can be conducted.

MaryA1 (Arizona)
Posts: 7,043

Posted:

There are some bylaws and some state laws that only allow items on the agenda to be discussed and voted upon. Betty should check with CA HOA law and thoroughly read her bylaws.

RickR7 (California)
Posts: 10

Posted:

Betty,

The Davis Sterling Act in California is very specific about what can and cannot happen at a board meeting. Items must be on the published agenda to be acted on the board unless they are of an emergency basis. An emergency would be something like a life / safety issue, a problem with the pump for the pool, or any thing else that would have to be dealt with immediately.

The board can add the item to the agenda for the next scheduled meeting and then discuss and act on it then.

Rick

RichardP13 (California)
Posts: 1,767

Posted:

Betty,

This is from Davis-Stirling.com and it deals with what can be discussed at a meeting outside of what was published on the agenda.

Exceptions to the Agenda Rule
Boards of directors may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda and proper notice was given to the membership. However, as provided for in Civil Code §1363.05(i)(4), the board may take action on any item of business not appearing on the agenda under the following conditions:

1. Emergency. Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.

2. Immediate Action. Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was properly posted and distributed.

3. Prior Meeting Agenda. The item appeared on an agenda that was posted and distributed for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken.

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