HOAleader.com - Tip of the Week - April 26, 2013
Published: Fri, 04/26/13
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Was This a Secret HOA Meeting? You Be the Judge
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In this week's tip, we discuss the fallout
from what may have been a secret board meeting.
Here's what happened. An HOAleader.com reader
says a handful of board members met to discuss
how they'd handle a sensitive issue at the
next meeting-but they didn't tell anybody else
they were meeting. When the others found out,
they balked. It's not completely clear to all
of our experts whether this board absolutely,
positively did anything wrong. But it may have.
"In Nevada, you're required to notice any
meeting of enough board members to meet a quorum,"
says Steven Parker president of RMI Management
in Las Vegas, which manages hundreds of community
associations. "If a quorum of board members had
gotten together and held meeting without notice,
that would have been an illegal meeting."
That's also the rule in Arizona and pretty much
most other states. "In my opinion, any time a
quorum of the board is meeting to talk about
board-related issues, it's a meeting," says
Kristen L. Rosenbeck, a partner at the Mulcahy
Law Firm PC in Phoenix, who advises many
associations. "A lot of my board members are
surprised to learn there's an open meeting law
specific to HOAs in Arizona."
It's not clear from our reader's question whether
the board members who met would qualify as a
quorum. "It sounds like it," adds Rosenbeck.
"But if there wasn't a quorum, it's not an issue.
If you want to meet with Bill and Sally, and the
three of you don't constitute a quorum, it's not
an issue."
An argument could also be made that these board
members didn't technically violate the general
rule. "I don't know that this board actually made
a mistake because what they had was probably not
actually a board meeting," says Nathaniel Abbate
Jr., a partner at Makower Abbate & Associates
PLLC in Farmington Hills, Mich., who represents
associations. "Most documents require board
meetings be called by providing notice to all
directors. They obviously didn't do this, but they
also didn't conduct any real association business
either, other than to discuss a sensitive way to
handle the issue at the next real board meeting.
How can this board move forward? Find out in
our new article:
http://www.hoaleader.com/members/841.cfm
Best regards,
Matt Humphrey
President
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Click here to read full article:
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Pros and Cons of Banning Yard Sales in Your Homeowners Association
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Click here to read full article:
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In this week's tip, we tackle the question of the responsibility of the
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Our CC&Rs state,'In addition to the restrictions established by law, the
following restrictions are hereby imposed upon the use of lots, common
areas, and other parcels within the properties.'
Click here to read full article:
http://www.hoaleader.com/members/Does-Your-HOAs-ARC-Have-to-Enforce-Local-Laws-Discussion-Forum-Followup.cfm
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Did That Board Member Really Say That? And Who Leaked It?
In this week's tip, we reveal the lessons of "catgate," which prompted the
resignation of an Arizona HOA board member after he proposed the
association shoot a fellow owner for feeding feral cats.
Click here to read full article:
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