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SFHA Bubba

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  1. With out asking I assumed wrongly given our BOD's are also the officers treasure, secretary along with Pres, VPres. I assumed also that it was a BOD meeting given "monthly meeting" and "discuss business" was mentioned. Our "general membership" meets once a year and BOD's meet monthly. We as an HOA are obviously different ! Josh Martin said: "Additionally, the board cannot act in the absence of a quorum, so this rule doesn’t protect you as much as you think" I only offered the part of that I felt was relevant to the issue. We have other rules that concern BOD's that I did not offer which would show the quorum part for BOD's you mentioned.
  2. First of all, there was never a mention of "striking out" and very much realize "minutes are a record of what was actually done, right or wrong." As for "there will be no amending of past minutes", correct me if I am wrong but does not section 35 in RONR, 11th ed give details on how best to "Amend something previously adopted" ? It's also the Covenants I have been speaking of not the ByLaws but I digress.
  3. That in itself answered it all, so Thanks. We as a Board get along great and without being cocky sounding, they will understand the mistake and I'll simply raise a point of order which will then be reflected in our minutes and any future collections will adhere to what is stated in our present Covenants.
  4. We have no one at this time that have given the Architectural Committee house plans but We normally have a couple of homes a year built. When they do start building, We are not supposed to collect anything according to our Covenants until the House is complete, then and only then is when We collect the extra $480 dollars. I as a Board member am simply wanting to make it known at our next Board meeting that We, thru a motion that passed by the Board in Feb 2017, made an attempted change to our Covenants, which We as a Board can not do. We do not have provisions in our ByLaws that says We are required to follow Roberts Rules but I am simply wanting to follow them personally as close as I can when the need arises. At the end of the day this will probably be easily fixed and I am placing to much importance on things like recinding motions, amending minutes, motion out of order....etc. Thanks for all the responses tho, it's always a learning experience for me when reading these threads.
  5. As noted in first post, there was a motion made, voted on and passed to have the $480 paid when home has begun. Our Covenants state, as noted in first post above, that the $480 is to paid after all construction is complete. There is no question of repaying anyone anything, it has to do with the previous motion recorded in Feb 2017 was out of order in attempting to make a change to our Covenants, which the Board of Directors can not do, only the HOA members. The intent of the motion was to have any future Boards follow the collection method.proposed in the Feb 2017 motion. However, the present board and any future Board has to follow the Covenants now in place. Perhaps I am failing in explaining the issue ?
  6. Taking minutes of our meetings is not in question, it's the proper steps in bringing up a previous motion that was out of order, recinding said motion and amending minutes of a year old meeting. edit: Sorry, I posted as you were posting the second time.
  7. I would make sure you're not over looking something in your ByLaws. In our HOA ByLaws We fortunately have that covered in the "Power and Duties of the Board of Directors" section. (d) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors
  8. In reviewing last years BOD minutes, I noticed We as a Board voted on a motion that was out of order IMHO. We as an HOA live by ByLaws and Covenants. In this case it deals with an item in our covenants. The motion made: President ABC also asked clarification from board regarding collection of dues once construction of a home has begun. With the objective that future boards would follow the same collection method, a motion by ABC, and a second from XYZ, was made to assess an additional $480 from a homeowner once construction of a home has begun in addition to the $240 the homeowner has already paid as a lot owner; motion passed. The Covenant already present: 7.4.1.3 Property Owner agrees to pay Homeowners Association dues and assessments for a home plus a vacant lot. However, if the owner wants to combine two lots and not pay SFHA dues or both, the following apply: no more than two lots may be combined for the purpose of reducing fees; some house and/or garage foundation and structure must be situated on each lot; combining approval will not occur until after all construction is complete; lot dues will convert to the single home dues once the lots are combined and recorded as such. Lot dues are $240 and Home dues are $720....Homeowner pays the $480 as noted in Covenant once lots are combined at end of project not beginning ! The Board can not amend Covenants, only the association. All of that to ask....Does this not require amending previous minutes and recinding a motion. If so and after discussion at next Board Meeting, how do We proceed.......Motion out of order, Rescind Motion, Ammend previous minutes....I get lost in all the articles out there available to read and proper steps to take ?
  9. Thanks Richard....in a way the 60% requirement has never been an issue other than a few minutes inconvenience. By that I mean in the 7 years I have been at this HOA, we simply adjourn for a few minutes and reconvene the meeting and attempt then to have one-half (1/2) of the required quorum. The most We have had to adjourn is twice, so give or take a few minutes, We are able to continue meeting. I'm sure one could read the Quorum section above and scratch their head but that is how We have done it my 7 years and can only assume that's the way they have done it since the HOA incorparation 20 odd years ago ! As for the 2/3 of the votes to amend By-Laws....I assumed and have confirmed from a past HOA President that the intent, given the importance of the By-laws, which is one if not THE most important aspect of our HOA that they wanted a majority of the Assoc to agree to the change. We as a board are convening days before our Annual meeting and will for sure be discussing this. I will be sharing how I have been calculating the numbers the last four years and will let it ride if they don't agree with what I think is the proper number which is jstack's way...."entitled to be cast" means ALL the possible (legal -- i.e., all assessments paid up to date) votes that could be cast". The 2/3 votes only pertains to amending By-Laws and given they were amended 20 odd years ago, We don't have many elderly folks that were on the Board at that time to lean on regarding how they dealt with this. I do know a past President that I actually discussed this with a few hours ago and if it proceeds contrary to what he and I agree is the important starting figure not only for Quorum but in amending our By-Laws, he is prepared to stand up and say....Hang on just a minute
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