Kiwi

Our Covenant states to make Covenant changes once a quorum is met a "a 2/3rd majority vote of all eligible members to pass" a vote was taken at a POA meeting with some on the understanding this vote was to acknowledge the new changes to go out to the community for a formal vote. The board President instead took this vote as an acceptable pass and had it recorded which the board is now trying to enforce. Several have questioned the validity of this new document as not all members were aware of the change nor the opportunity to vote.

There are several line items in this document, should not each line item be voted on separately and not a blanket vote on the entirety of the whole document?

4 hours ago, Guest Who's Coming to Dinner said:

If this is a board meeting, then the board runs it. If this is a meeting of the association, then the members of the association control the meeting unless the bylaws provide otherwise. It cannot be both at the same time.

SECTION 4.

Meetings and Required Votes. 

The Association shall notify members, qq)via United States first class mail, of the date, time and place of each regular or special members’ meeting, at least ten (10) days but not more than sixty (60) days before the meeting date.  The Association shall hold a minimum of two (2) regular meetings each year, one every spring and one in late summer or early fall.  Special meetings of the members may be called by the President, a majority of the Board of Directors, or by members having not less than twenty-five percent (25%) of the votes entitled to be cast in the Association.  Hunting members, as that term is defined in Article II, Section 5 of these Bylaws, having not less than ten percent (10% ) of the votes entitled to be cast with regard to any matters concerning hunting rights, hunting privileges, hunting obligations, or the Rules and Regulations, may call special hunting member meetings.  Meetings of the members shall be held at the principal office of the Association.  Subject to Article II, Section 6 of these Bylaws, at any meeting of the members called and held in accordance with these Bylaws, if a quorum is present, the affirmative vote of members entitled to cast two-thirds (2/3) of the votes, present and voting either in person or by proxy, are necessary to adopt the matter.

Our board has sent out an invite to our POA annual fall meeting.

The agenda is laid out in a format of their choosing with no allowance for we the members the right for added agenda topics. The board is under the assumption they don't need to listen to the POA members, this has been passed through from board to board.

Who is the meeting for, the POA or the board?

10 hours ago, Atul Kapur said:

That doesn't necessarily mean that they need a vote of the entire association, as you seem to believe. It depends on the exact wording, but what you've written here says that the Board can purchase an asset if approved by a 2/3 vote of the Board.

As Guest Zev states, the association  may have authority to countermand, or Rescind, the motion.

15 hours ago, Guest Zev said:

(POA: Property Owner's Association)

Did they in fact have a two-thirds vote to make these purchases?

Does this POA have a higher-governing body that can countermand the board's actions?

There has been no votes for any of the expenditure.

The board is our higher level of power.

Our Covenant states very clearly that a vote is needed to purchase asset.