Board Members excluded

Started by BethM2 • 12 replies • 1739 views

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BethM2 (Pennsylvania)
Posts: 28

Posted:

One more question.....

My husband is on the board for the ARC. There was a meeting held last night in regards to "our building". He was not notified of this meeting, as we just got the email this morning stating that they had the meeting. Is this proper to NOT address ALL members of the ARC when a meeting is being held or since it was for "our building", is he automatically excluded from this one and his input does not count? Also, can the chairman of the ARC make a motion or is he just the mediator? I am being told things I'm not too sure of and appreciate all of your advice.
Thanks,
Beth

DonnaS (Tennessee)
Posts: 5,671

Posted:

Beth,

As a member of any committee, all members should be notified of any meeting. In your Husband's case, he should have been notified of his application being considered but he would have been excluded from the vote. I guess that the other ARC members did not want him to hear how they voted or discussed his application but in my opinion, any person applying for an approval should be entitled to be present. We NEVER, ever did not allow an applicant not to be present. Gads, what if you need clarification on something on the paperwork? If this is normal, then I think that is a poor practice.

BethM2 (Pennsylvania)
Posts: 28

Posted:

Donna,
Thank you for your advice. I really do appreciate it.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Beth, it sounds to me like your husband has antagonized the rest of the board or the rest of the committee with the way your all's building approvals have been handled.

It's likely they did not inform him so that they could meet without his input.

Now committees generally SHOULD notice all committee members of meetings, but if a committee doesn't, it really hasn't broken any laws.

Unless your state statutes or local ordinances say that they must.

However, it's becoming clear that they board/committee is not happy with the way your project has been handled.

I would imagine we will be hearing more about this in the near future.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Beth,

To allow for the benefit of the doubt. If this is the first meeting that he was not notified about it could be as simple as failure to include the name on the e-mail or an incorrectly typed e-mail address. It does happen.

Only your husband knows the background of his relationship with the committee. It could be that they wanted him excluded for some reason (which he should not have been) or it could have been a simple mistake and people wondered why he didn't show.

My suggestion would be for you husband to ask why he wasn't notified and, if there was an issue of importance, to be given the opportunity to weigh in on the topic. However, if he agrees with the decisions of the committee on the items discussed, then I wouldn't necessary worry about it unless it happens again or has happened in the past.

Sometimes a simple mistake is just that, a mistake.

Tim

BethM2 (Pennsylvania)
Posts: 28

Posted:

Tim,
If I knew there was error on sending out notice of the meeting, I would surely give them the benefit of the doubt. Unfortunately however, that is not the case. The meeting is at our only neighbors, house, with one other homeowner and two others on the phone. Funny thing is, he's sat in on the other two meetings concerning this and all of a sudden he can't be present when it's pertaining to our building. Seems pretty silly to me.
If we were to ask for the minutes of the meeting, do they need to give them to us?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Beth,

That depends. Do your governing documents allow access to Association records and/or is you Association incorporated (most are)?

Since Montana doesn't have laws pertaining to HOA's (they do for condos) the answer isn't there. However, if your Association is incorporated, they must follow your States corporate law. Here is a link to Montana Code Title 35, Chapter 2 - Nonprofit Corporations.

Per section 35-2-907, you do. Here is the link to that section:
http://data.opi.mt.gov/bills/mca/35/2/35-2-907.htm

You should know that even though committees are supposed to keep minutes. Many do not, as they let the approvals/dis-approvals speak for them. My Associations Architectural Committee didn't start keeping minutes until I pointed out to them it was a requirement. That was only 2 years ago for an Association that is almost 30 years old.

Hope this helps,

Tim

JackS4 (Missouri)
Posts: 8

Posted:

Quote:

Posted By DonnaS on 05/18/2010 4:07 PM

As a member of any committee, all members should be notified of any meeting. In your Husband's case, he should have been notified of his application being considered but he would have been excluded from the vote.

We should he have been excluded from the vote?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jack,

Did you mean "WHY should he have been excluded from the vote? Because the application was for his property and benefit, one always is excluded from voting on their own personal application. Conflict or interset comes to mind just as Board members cannot vote on , say perhaps, a contract for the association if they have any personal ownership or gains from the contract. Personal interest is not something you vote on.

JackS4 (Missouri)
Posts: 8

Posted:

Quote:

Posted By DonnaS on 05/19/2010 8:38 AM

Jack,

Did you mean "WHY should he have been excluded from the vote? Because the application was for his property and benefit, one always is excluded from voting on their own personal application. Conflict or interset comes to mind just as Board members cannot vote on , say perhaps, a contract for the association if they have any personal ownership or gains from the contract. Personal interest is not something you vote on.

Yes. I did mean "why."

I understand your point but wonder if some law or rule prohibits voting by Members with interests at stake or if they're prohibited only by tradition and customary practices.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jack,

I do not know about other States but Florida has a conflict of interest Statute in it's not for profit corp laws, which HOAs are filed under.

JackS4 (Missouri)
Posts: 8

Posted:

Quote:

Posted By DonnaS on 05/19/2010 10:42 AM

Jack,

I do not know about other States but Florida has a conflict of interest Statute in it's not for profit corp laws, which HOAs are filed under.

That's interesting.

Under those circumstances, excluding one person on a three person committee could leave it deadlocked. I suppose on an ARC that's the same thing as a rejection.

BethM2 (Pennsylvania)
Posts: 28

Posted:

Quote:

Posted By DonnaS on 05/19/2010 10:42 AM

Jack,

I do not know about other States but Florida has a conflict of interest Statute in it's not for profit corp laws, which HOAs are filed under.

Yes, MT has a conflict of interest Statute as well....completely understandable.

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