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SouthernLandLady · Jun 22, 2007, 08:00 AM

Our Home Owner's Board is about to have a conference call which will discuss a special assessment. They have properly notified the owners but when we ask how to call in they say that we are welcome to come to the club room and participate using the speaker phone there. This is not feasible for most of the 130 owners since there are few residents and most owners are out of state. Likewise, none of the Board members will be at the site, only the general manager will be there.

What can I use as the basis of the argument that since the Board members are on a conference call, requiring the owners to be physically present at the site is a violation of the requirement to allow Owner participation in the Board meetings?

Any suggestions would be appreciated.

ScottGem · Jun 22, 2007, 08:01 AM

What do the bylaws say specifically?

SouthernLandLady · Jun 22, 2007, 08:37 AM

Scott: That is the problem. The subject is not addressed, and the technology was not prevalent when the bylaws were written. They do not specifically say whether the Board members must be physically present to constitute a quorum (only that they cannot vote by proxy). Likewise they say that Owners have the right to make a statement concerning motions prior to a Board vote but do not say if measures must be provided for Owners to participate in the telephone conference call.

The argument will be made by the Board that any Owner can make a statement by being in the club room at the designated time and using the speaker phone provided there. They will also make the argument that it is not economically feasible to connect 130 Owners on a conference call (even though I have given them information about low cost conference call options).

I can accept those arguments if the Board meeting is being physically held at the property and the Board members are also present there. But to require the Owners to travel there in order to participate while the Board members phone in is not reasonable to me.

Is there a statutory, or procedural, argument I can make to press this point?

ScottGem · Jun 22, 2007, 08:57 AM

Nope. If the matter is not specifically addressed, they do not have to make provisions.

What you can do is propose an amendment to the bylaws. Demand an accounting of the cost of teleconferencing in just the Board members and compare that with what you found.

Then propose an amendment that all Open Board meetings be conducted through teleconference available to all members. If the teleconference service charges per partiticpant, then you can include that participation by teleconference will be at the owners expense. That should remove any cost argument by the Board. This way owners have the choice to show up and participate by speakerphone or call in.

But I don't see any statutory rules that would force them to change.

excon · Jun 22, 2007, 09:17 AM

Hello lady:

I have never met an HOA board of directors who didn't turn into little Nazi's after they were elected. Achtung!

I would act, and I would act aggressively! Personally, I don't like to get walked upon - especially from people that I elected to represent ME. Plus, you have a financial stake in the smooth operation of your HOA.

I don't know what particularly, your bylaws allow you to do, but you must act.

excon