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NEW LAW
REGARDING
BOARD MEETING AGENDAS
 Beginning January 1, 2008,
agendas must now be included along with the notice to members about meetings to
the membership. More importantly, boards will not be allowed to discuss or take
action on any item not on that agenda.
Exceptions. The legislature
included several exceptions to these otherwise strict limits on board discussion
and action.
- Residents may speak on any issue,
regardless of whether it was listed on the board’s agenda.
- Board members and their agents (including
managers) may briefly respond to statements or questions from association
members, ask clarifying questions, make brief announcements, or make brief
reports on their own activities.
- Boards may refer certain informational
matters and administrative tasks to its managers, agents and staff -- even if
these items were not listed on the agenda.
- Any subject may be discussed and acted
upon if there is an emergency, if immediate action is needed on a matter
which arose after the agenda was distributed, or if the item was on a recent
agenda and was continued to the current meeting.
RECOMMENDATIONS.
Boards and managers must carefully plan in advance items they want to discuss and act upon at their regular meetings, must list
these items on an agenda, and must distribute this agenda to association members
with the meeting notice. If the board improperly discusses or acts upon a matter
which was not placed on the posted agenda, a court may invalidate any vote relating to that particular item.
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Very truly yours,
Gary Kessler, Esq.
Adams Kessler PLC |
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