Can the Board Take Action (Vote) on Matters Not Listed on the Agenda?

By September 29, 2019 October 14th, 2019 Condo & HOA Law

Q:     I live in a high-rise condo. At a recent regular 48-hour posted notice board meeting, with an agenda, one of the directors made a motion to adopt a rule about quiet hours that was not listed on the official agenda. The motion was approved by the board and is now a rule in our governing documents. Is this allowed?

 

A:     Probably not. First, the Condominium Act requires all Board meeting notices to contain an agenda identifying the matters that the Board will be considering at the meeting. Unless, an item is added to the agenda on an emergency basis, the Board cannot take action (vote) on matters not listed on the agenda. So, that is problem number one. Problem number two is that when a Board adopts a rule that affects the use of a Unit the meeting requires special 14 days mailed and posted notice to all owners. In this case, not only was the rule not listed on the agenda, but the notice was not sufficient. Thus, the rule was not properly adopted and is not enforceable at this time.

 

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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to: info@gadclaw.com.  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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