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RichardP13 (California)
Posts: 1,767
Posted:
I just received the Board Minutes for the last 6 months. In reviewing the documents I found that the only things voted on were:

1) Minutes from previous meeting
2) Treasurer's Report
3) Every second month there were either liens, non-judicial foreclosure and bad debt written off.

No other Association business is noticed in the minutes. Nothing that was addressed in Executive Session (summary), outside of a board meeting, action without meeting, nothing. The Association knows that items have been voted on and approved by the board in secret. The Association have not seen the financials for the past 6 months, so we haven't seen where the money has been going in that time frame.

My understanding is that a Board may discuss items in Executive Session, but must come out and vote on them in General Session. Also any item discussed and voted on outside of a general board meeting must be included in the next month's minutes. I also understand that if the board meets in "Action with Meeting" that written notice or contents must be filed with the minutes.

IYO, is this board following correct procedures?

MaryA1 (Arizona)
Posts: 7,043
Posted:
Richard,

Perhaps the board just has a lousy secretary and none of the board members care to make corrections to the minutes. I once belonged to an HOA where this was the case.

Check out the Davis-Stirling Act to find out what the requirements are for closed sessions. In AZ matters can be voted on in a closed session and it does not have to be reported in an open session.

How does the Assn (meaning the members) know that the board has voted on and approved certain actions in private? What evidence of this do you have? Do you know for certain they have met in secret -- against the open meeting laws of the state?

If the members of the assn know the board members are breaking the law, why hasn't a recall effort been undertaken?
RichardP13 (California)
Posts: 1,767
Posted:
The Property Manager is the one taking the notes and either my wife or I have attended each of those meetings. Are you referring to Executive Sessions as Closed Sessions?

Section 1363.05 of the Davis-Stirling Act
(c) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

This has not been done in 6 months. We do know things have been voted on and not mentioned in any minutes. One, for an example was the 2010 budget, never voted on or discussed. in a general session, just mentioned in a newsletter that the board approved the budget and would be sending in December. Contracts for services to the Association never show up in the minutes, maybe in a newsletter after the fact. If they have held "Action without Meeting", the notice or content is not attached to the minutes as required.

We are in the process of amending our Bylaws so that we can have fair elections. If the board refuses to make the changes the Association wants so we can vote on them , the recall process will begin.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Richard,

An executive session and a closed session are one and the same.
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Well, it does appear that your board is in violation of state statute. Certainly a good reason for a recall. Even if you get your way about amending the bylaws to eliminate a quorum for elections, that is not going to do anything to curtail your board from violating state law and/or your gov docs. IMO, no matter what they do about the proposed bylaws amendment, they should be recalled.
RichardP13 (California)
Posts: 1,767
Posted:
Thank you111 Thank you!!! Thank you!!!

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