Q: I live in an association with several hundred members where it is quite often difficult to fill our seven-member board.
What would happen if only two people were on the board or if no one was interested in being on the board? How would decisions be made?A: If the HOA has too few directors to attain board quorum, the Corporations Code provides help. Corporations Code Section 7224 allows the seated directors by majority to vote and appoint volunteers to fill the open seats. The Open Meeting Act does not allow non-emergency action outside meetings, so an announced board meeting is required to fill the vacancies.
Our board only allows membership to discuss agenda items at the END of board meetings, when sometimes the board has already voted on an item! Is this OK? Lastly, should the membership be allowed to contribute items to board agendas?A: Civil Code Section 4205 establishes a hierarchy of governing documents and rules are at the bottom of that hierarchy. Rules may not conflict with the CC&Rs or bylaws. So, if the bylaws ban proxies, the election rules may not re-establish their use.
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