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No motions made at Board meeting?

We got a new Board today. Unlike the prior Board, the new Board made NO MOTIONS for things like appointing Officers, assigning Chairpersons to major committees like the Architecture Committee, etc.

Without formal motions (and opportunity for the community to voice their input before a vote is made), is anything from this meeting valid?

5 Responses

  1. Fish7

    I also forgot… they rescinded our “Rules & Regulations” community document… again, without any Motion or Board vote.. they just said “we rescind it… next topic”.

  2. DennisL

    Fish7,

    Actions like this reeks of collusion outside of the open meeting. The board has discussed the issue outside of the meeting and come to this conclusion,, and completely violates the open meeting laws. if the board believes that not using motions and not voting in open meeting is a way to escape the open meeting law requirement that mandate that homeowners must be allowed to speak before any vote by the board they are sadly mistaken. They are directly violating the law and need to be called out on that by a petition to ADRE that will require the board to comply with the open meeting law of be individually subject to contempt of court charges. Board protections from liability do not extent to breach of duty or contempt of court. While the board has clearly violated the law there is nothing in statute that would invalidate any actions based on violation of the law. This and other reasons is why most board totally ignore the open meeting laws in this state. There are absolutely no consequences to the board if they do so, unless they are challenged by homeowners in court.

    This is simply another example of the board not having any clue about what they are doing. By rescinding their rules and regulations which by the way they are absolutely allowed to do they give up the right to enforce any of those rules. They still have the CC&R’s but those are typically very general and high level and very difficult to enforce without clarity. What the board has done is essentially given up on enforcing any CC&R provision and has breached one of its two primary fiduciary duties to the community. Without knowing the extent of the detail of your remaining governing documents this action appears imprudent unless the board has additional plans on how they will ensure that the nature of the community is maintained to protect your property values.

    This board needs an education on the open meeting laws or face being recalled for their failure to comply with the law.

    Dennis

  3. Fish7

    Wow, THANK YOU, Dennis!

    This is really sad: “While the board has clearly violated the law there is nothing in statute that would invalidate any actions based on violation of the law. … There are absolutely no consequences … , unless they are challenged by homeowners in court.”

    Court …. ugh.

    Thanks, again.

    1. lbaker

      Yes, thank you for all of the helpful information, Dennis. Helps explain what is happening in my small community, where three friends got their buddy’s wife on the Board as the 4th member – they all live next door to each other and party all the time, but lied and said they do not know the wife. They refused to accept a resume from a street that currently has no representation on the Board. I’m one of three Board members left who follow the rules and we are outgunned.

      1. DennisL

        Lbaker,
        Thank you for your comment, unfortunately even the law cannot make anyone do the right thing. But as a board member you have the absolute right to express your opinion on all issues. The next time the board tries to circumvent the law you have the right to call a point of order that would require the board to consider that issue via a motion, hold discussion on the issue including homeowner input and then a vote. You have the absolute right to oppose any issue or action the board takes that you do not agree with. Boards are totally useless and provide a disservice to their community if they are all simply yes men.
        Dennis

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