boilerhornX

Thanks to each of you for your input. The proxy/quorum problem was rendered moot, as the meeting had significant attendance and > 50% representation by proxy. The proxy representation poses a different "problem." A director canvassed the neighborhood, collecting proxies and pressuring/persuading members to approve the special assessment. Several members used the word "bully." While a member is ultimately responsible for his vote, I find the director's behavior a bit unethical. I'll re-read the bylaws and covenants to see if this activity is a violation. I doubt it.

@Atul Kapur - thank you. That's also what I thought. And my term "undeclared meeting" was an attempt to characterize discussions by a group large enough to constitute a quorum in one type of meeting and not another. Also, over the past 20 years, I've read of "secret meetings" (not sure what the proper term is) by boards or membership in attempts to circumvent (1) open meetings laws and (2) bylaws stipulations. I want to make sure that the bylaws are followed and that any progress on the topic at hand is not invalidated by an improper (intentional or otherwise) move or decision by the present officers. In a nutshell... Provided no actions, decisions, or votes occur in the name of the HOA, any subset of the membership can meet for any reason at any time with any topics discussed. Agree?

@George Mervosh - thanks for the quick reply. Your answers are consistent with my interpretation, too. As noted, I believe there is a high chance that a quorum will not be established for the meeting and the meeting will need to be adjourned. If the membership "hangs out" and discusses topics related to the HOA or the special assessment, is it legal and/or appropriate? This is a bit of a corollary to the question about neighbors at a block party, etc. The reason I am asking this is that the focus/object of the special assessment is a complex (and potentially divisive) issue and it will be extremely useful to have considerable dialog among the membership. In cases like this, what do you recommend? Should the board call meetings every 2 weeks with 1 agenda item "further discussion and progress on special assessment topic?"

The HOA for my neighborhood has a quorum requirement of 10% of membership for general meetings. The quorum requirement is 60% of membership for special assessment meetings. For a special assessment meeting, the bylaws stipulate, "60% of the class shall constitute a quorum. If required quorum is not present, the meeting shall be adjourned and another meeting may be called subject to the same notice requirement, but the required quorum for such subsequent meeting shall be 1/2 of the required applicable in the case of the preceding meeting to each class membership. No subsequent meeting shall be held more than 60 days following the meeting." General meetings require 15 day mailed notice. Special assessment meetings require 30-60 days notice. Should a quorum not be achieved (very possible) for the special assessment meeting, the meeting must be adjourned, per the bylaws. If attendance is in excess of 10% (very likely) and HOA business items are discussed, does this violate bylaws by having an unannounced meeting? Or, is it only a violation if HOA-related business decisions are made? Diving further, if a group of 10% of the HOA membership meets for a block party and discusses HOA business, does this constitute an undeclared meeting? Or is an HOA officer required? Thanks