HOA meeting

[Charles Baronetcy]

Hi, I am in Cape town and our HOA committee does not allow home owners to attend their meetings. Can they legally do that?

 

[Ho3n3r]

How does one have a Home Owner's Association meeting without home owners?

 

[Kosmik]

Hi, I am in Cape town and our HOA committee does not allow home owners to attend their meetings. Can they legally do that?

No.

 

[Kosmik]

How does one have a Home Owner's Association meeting without home owners?

Some trustees have power issues.

 

[paul5186]

well is it an AGM or a trustees meeting?

 

[Trompie67]

Depends.

Is it a board meeting? In which case you are entitled to view the minutes afterwards, but not automatically entitled to attend the meeting - you are not a board member. You need to be invited by the board to attend the board meetings.

If it is an AGM or EGM then of course you are allowed to attend., the meeting cannot proceed without a quorum of home owners being present.

 

[Trompie67]

well is it an AGM or a trustees meeting?

No trustees, it is a HOA. So there should be a properly constituted & elected board.

 

[Trompie67]

No.

Actually, Yes. Members are not entitled to attend board meetings.

Some trustees have power issues.

There are no trustees as it is a HOA, not a sectional title development.

 

[Venomous]

Actually, Yes. Members are not entitled to attend board meetings.



There are no trustees as it is a HOA, not a sectional title development.

There are very few differences between HOA and ST.

Example in both those they can say set a petty rule about outside colour paint.

An RA is different.

 

[Trompie67]

There are very few differences between HOA and ST.

Example in both those they can say set a petty rule about outside colour paint.

An RA is different.

Not really. HOA can have architectural guidelines. ST are actually responsible for painting the exterior. You may not paint the exterior of your unit in a ST scheme.

HOA governed by Companies act. ST governed by Sectional Titles act.

 

[Charles Baronetcy]

Some trustees have power issues.

Ok read properly. The COMMITTEE MEETINGS.

 

[Charles Baronetcy]

well is it an AGM or a trustees meeting?

Trustees meeting

 

[ShareMosselBay]

No trustees, it is a HOA. So there should be a properly constituted & elected board.

An HOA can have Trustees.

It depends whether the HOA is a Section 21 Company or Constituted in terms of the Local Ordinances Act.

A section 21 company has a Board of Directors whereas a “normal” HOA has trustees.

Other than that, pretty much the same.

In terms of OP’s question: members are not allowed to attend Board meetings unless invited. They would have no vote, but can participate in discussions.

Similar with HOA trustee meetings.

If an AGM, then members/owners must be allowed to attend - that is the purpose of the AGM.

Hope it helps.

My experience: i am a portfolio manager

 

[ShareMosselBay]

Each HOA’s Constitution or Memorandum of Incorporation is different, so have a look what yours says regarding trustee/Board meetings.