Board of Director Open Meeting Agenda
Hello Dennis,
At the most recent Board of Directors open meeting that was held on zoom, the community manager projected on the zoom screen the board meeting agenda. This projected agenda had an added item was not included on the agenda provided to the board members or the owners. The community manager proceeded to request a motion from the board and then the motion was voted on. The DRAFT minutes reflect the motion and board vote for an item number that is not on the agenda.
The next day a board member requested an updated agenda because the minutes included a motion for an item that was not on the agenda. The community manager is ignoring the request to revise the agenda for the board members and the community members.
Is a motion and a vote for an agenda item that is not included on the board members or the posted agenda for the community members agendas valid? Is the community manager allowed to add an item to the agenda less than 48hrs prior to the meeting without providing an updated agenda? Can the board make a motion at the next board meeting to add the item to the prior agenda?
In reading the state statues and the CCR’s Maybe the board should have called an emergency meeting if the item couldn’t wait. I also believe the reason they didn’t is because they would then have to give a valid reason for the emergency meeting and they didn’t want it in writing.
Could you please let me know what the rules are in this type of situation?
Thank you
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Denise,
The open meeting laws for these communities differ from those for public bodies. While public bodies cannot address any issue not on the published agenda, that requirement does not apply to these communities that have separate open meeting laws. Nothing stops an association from doing what happened here; from my perspective, that is appropriate. There is no real need to be so formal for the conduct of association business. While I would oppose intentionally omitting controversial issues from the agenda to suppress homeowner comments on that issue before the board votes, which would be clearly wrong, I cannot tie every board’s hand to keep malicious boards from doing this. Emergency meetings would also be inappropriate unless there was truly a need for action in less than 48 hours.
Dennis
Dennis,
I agree that there should be some room to add last minute items, as well as item that may have been forgotten to be added. in this case there’s a board motion for an item # not on the agenda. When the community reads the minutes there is no description in the minutes listing the issue that was voted on by the board.
It’s unfortunate that the board is choosing to not be transparent with the members. I agree with you that this is just plain wrong.
Thank you so much for your response.
Denise
Denise,
The truth is that the purpose of meeting minutes is to record any and all actions of the board. While minutes to not have to address what was discussed it must under the law include all actions and votes of the board. The greatest threat to disharmony in these communities are attempts by the board to ignore the law and transparency requirements of the law.
Dennis