Question: Would directors getting together prior to a meeting to discuss the agenda be considered a business meeting? Can an board meeting be held without establishing a quorum?
Answer: Putting an agenda together does not constitute a formal meeting as long as no business decisions are made. If a quorum of directors is not achieved, a legal meeting cannot be held and business should not be transacted.
Question: We have been paying our Board President $200/month for work outside his job description. Is this OK?
Answer: Aside from the probability that your governing documents prohibit paying directors, there is an unavoidable conflict of interest. Since the President is the chief officer, he authorizes his own pay. Since he's president, who supervises him? Are federal and state withholding, unemployment and workers comp insurance guidelines being followed? He is, after all, an employee if he's being paid. For a variety of legal and practical reasons, this arrangement should end. The board's job is to supervise. If the association needs work done, it should hire an outside professional.
Question: Yesterday I found a litter of cats on my back patio left by one of the many strays that wander the community. There are several unit owners who feed them and we are developing a regular colony. They are a nuisance -- spraying and tearing up gardens, caterwauling, etc. Suggestions?
Answer: Pet lovers often have tunnel vision when it comes to pets and trying to reason with them may be difficult. Send a general letter to all residents about the issues and the consequences. Most people will understand and comply. The rebels may need fines and charging costs for professional removal of cats attracted to their feeding.
For more information on this subject, see www.Regenesis.net.
Published: July 25, 2001
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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues.Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at . |