Creating an agenda
Who actually gets to decide what your board talks about, and why it isn't just whoever typed the document.
An agenda is the list of business a board plans to take up at a meeting, and it only becomes official once the board adopts it, not simply because a president or manager wrote it. In many states, the agenda is also part of the legal meeting notice, so it must go out in advance, and it limits what the board can add once it is posted.
Someone drafts it, but the board adopts it
A lot of new board members assume the president just decides what gets discussed. That is not how it works under standard parliamentary practice, and where a state open meeting law applies, it is not how it works there either.
"It is wrong to assume, as many do, that the president 'sets the agenda.' It is common for the president to prepare a proposed agenda, but that becomes binding only if it is adopted by the full assembly."
Source: Robert's Rules of Order Newly Revised, 12th ed., Frequently Asked Questions, Robert's Rules Association
So a proposed agenda is a draft until the board votes to accept it. In practice, where an open meeting statute applies, the effect is even stronger: the board is bound by whatever agenda went out with the notice, no matter who wrote it. See Who controls the agenda? for the fuller picture.
The agenda is often part of your legal notice
In states with an HOA open meeting statute, the agenda is not just a courtesy handout. It has to go out with the meeting notice, on a schedule the statute sets.
"[Notice] shall be given at least four days before the meeting and shall contain the agenda for the meeting."
Source: California Civil Code §4920, Davis-Stirling Common Interest Development Act, California Legislature
Exactly how many days, and whether the statute names the agenda specifically, varies by state: California requires four days and names the agenda, Washington's condominium and common interest ownership statute requires fourteen days with the agenda stated, and Florida's timing runs differently again. Check your state's common interest community statute and your own bylaws for the number that actually applies to you. Your governing documents can require more notice than the statute, never less. See Meeting notice requirements for the full breakdown by state.
Once it is posted, you cannot just tack things on
An agenda that has already gone out with the notice is not a rough sketch. In states with an open meeting statute, adding a new item mid meeting and voting on it is tightly restricted, not a judgment call for whoever is chairing.
California allows a board to act on an item that was not on the agenda only in narrow circumstances, such as a genuine emergency, a matter that arose after the agenda was distributed and requires a supermajority vote to add, or an item that already appeared on an agenda within the prior month, and even then the board must openly identify the item before discussing it. Whether your state has an equivalent rule, and how narrow it is, is not confirmed here for states outside California. Ask your manager or attorney what your own state and bylaws allow. A called special meeting is even tighter under standard parliamentary practice: only the business named in the notice can be taken up at all. See Adding agenda items and Special meetings.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
The board president hands out an agenda she typed herself and says "let's get started." What is true of that agenda under standard parliamentary practice?
Your bylaws set a longer meeting notice period than your state's statutory default. Which period actually governs?
Halfway through a posted board meeting, a director raises a brand new item that was not on the notice and asks for an immediate vote. What should generally happen?
Sources
- Robert's Rules of Order Newly Revised, 12th ed., Frequently Asked Questions, Robert's Rules Association
- California Civil Code §4920, Davis-Stirling Common Interest Development Act, California Legislature
- California Civil Code §4930, Davis-Stirling Common Interest Development Act, California Legislature
- Revised Code of Washington §64.90.445, Washington Uniform Common Interest Ownership Act, Washington State Legislature
Board Meetings
Next, find out whether the agenda you inherited is actually yours to control: Who controls the agenda?
This page is educational, not legal advice. Meeting notice and agenda rules vary by state and by your association's own governing documents. Confirm the specific rules that apply to your board with your CC&Rs, bylaws, and a licensed attorney in your state.