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JackieB (California)
Posts: 198
Posted:
Need a CA voice for this answer. What is the difference between HOA annual mtg, HOA regular meeting(bi-monthly), and election meeting?? We have sent out ballots for CCR/bylaw restatements allowing the 30 days necessary. We won't have a quorum
for the said counting date (mtg)....(not even close) so will delay the opening of
ballots. We also will be sending out BOD election ballots in the next week....and
will allow one month for them to be returned. Also there are some HO's waiting for
"a hearing" to plead their case........which meeting can they get their 5-10" to
explain the issue. I am unsure the info provided by our PM is correct. HELP!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Jackie,
Your questions are filled with if, and, and buts. So are the answers.

I don't know whjat your PM told you, so I don't know if it is right, and might not know if this was a state or local or some sections in your CC&r's.

Generally and nearly always, an Annual Meeting is when elections are held. That procedure should be set out in your by-laws or as above, but generally, your by-laws and CC&R's. The agenda is generally set by the Board and time should be made available for owner input. The Presidinng controls the meeting and the meeting protocol, normally attempting to stick to the agenda. Motions can normally be made from the floor and that procedure is again under the control of the provoding. Elections proceeding are explained the attendees are vetted, the votes are vetted and the election result are announced and at some point thoise results are ratified by the Board or attendees.
The annual meeting and the Board Meeting usually allow for input by attending members, unless the meeting is closed, and this is possible in some states and it other statyes it is impossible.

It sounds like you are getting close to a Special Meeting, which in general means exactly what your documents say, but in general, a special meeting can be called by the Board or by the members with the restrictions as defined by the documents. At a special called meeting, you deal with the purpose of the meeting as called. Nothing else can be considered.

Rules for Board meetings can be all over the place. My personal opinion is they should be open, with time for owner input, I suggest 3 minutes/ before meeting and 3 minutes after. This inclusion of owner input is narrow in scope and the Boards business as they discuss it is their business. There should be accurate and direct minutes taken and published of these meetings. All Board members should make themselves available for personal contacts from the membership. The membership will find if the give thought, con sideration and specificilty to their concerns, they will be more productive....generally.

Having said all that I doubt this is going to help. My advise would be to get to know your documents better than your Board and better than your PM. The PM works for the Board, the Board works for the people, and the Officers of the Board serve the Board, they elected them.............normally. It's not such a hard job and easy in some cases.
JackieB (California)
Posts: 198
Posted:
LOL.....I am the Board, along with 2 others. And our next meeting is to count
the ballots for our restated CCR's/bylaws election. But an HO asked me last nite
if she could appeal her fine at this meeting....hmmmm???? "let me find out?"
blush!!!!!
GlenL (Ohio)
Posts: 5,491
Posted:
Jackie, under Davis-Stirling if the meeting was noticed as being for the counting of ballots then that is the only thing the meeting can be used for.

Civil Code ยง1363.05. Open Meeting Act.

(h) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board of directors or before a meeting of the association shall be established by the board of directors.

(i)

(1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the association may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit a resident who is not a member of the board from speaking on issues not on the agenda.

(2) Notwithstanding paragraph (1), a member of the board of directors, a managing agent or other agent of the board of directors, or a member of the staff of the board of directors, may do any of the following:

(A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h).

(B) Ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities, whether in response to questions posed by a member of the association or based upon his or her own initiative.

(3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following:

(A) Provide a reference to, or provide other resources for factual information to, its managing agent or other agents or staff.

(B) Request its managing agent or other agents or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct its managing agent or other agents or staff to place a matter of business on a future agenda.

(C) Direct its managing agent or other agents or staff to perform administrative tasks that are necessary to carry out this subdivision.

(4)

(A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions:

(i) 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.

(ii) 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 posted and distributed pursuant to subdivision (f).

(iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) 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.

(B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting.

(j) As used in this section, "meeting" includes any congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Jackie,
I would say if the meeting is a regular board meeting and the President wanted to........why not.
If it is a special meeting called to count the votes than you should not do it. I think if she showed interest enough to ask about appealing and the Board saw fit they certainly would not increase any fines during this waiting period.
Keep in mind I said if the president wanted, I temper this, if he would refuse to hear her appeal at a regular meeting he might find the Board breathing down his neck, as you know the President serves the Board.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Jackie,

A member's appeal should be heard at a board meeting. Elections for board members and voting to amend any of the gov. docs are done at a members' meeting.

The "annual" meeting is the name usually given to the yearly meeting of the members. Usually about the only thing of consequence accomplished at this meeting is to elect members of the board of directors. A regular meeting is most likely a meeting of the board of directors.

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