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Found 5 results

  1. Guest

    Null and Void

    2008 officers in a HOA motioned and passed a bylaw amendment that consolidated multiple lots into one, (most officers had multiple lots). Thereby reducing the amount of money required by the multiple lot owners but also reducing the number of votes for them as well. The issue is that the minutes were not adequately recorded but the changes in lot fees are evident from the treasurer's records. The Articles of incorporation specifically state that " ...membership is governed by lot ownership....one lot equals one vote, two lots equals two votes.... and no member shall have his rights canceled by any Act of the Association...." We realize that the motion is Null and Void due to violation of the bylaws, Articles of Incorporation and state law. We are trying to advise all members prior to the meeting so that no one is surprised. Once the issue is brought up at the meeting and the President rules the previous motion as Null and Void, what action must then be taken. Is the information packet enough for the membership? Do we then revert back to the previous lot fees? Do we declare the issue Null and Void from today or can we go back and credit lots for overpayment since 2008 and request payment from multiple lot owners at the previous rate?
  2. The Secretary of my Hoa will be out of town is it right/legal for him to have the President step in for him at the annual elections for which all three of their seats will be voted on for new directors ( none of them Pres,VP and Sec are running due to the damage they've done in the hoa they are tring to control the votes though to get their friends in )or should one of the other two directors at large who hold no official position be selected to vote the proxy's left for the secretary to use as he sees fit. Also can the daughter of a homeowner serve as a board member although she does own property in the hoa and just lives with her parents.
  3. Hi all, What would be the guidance in a HOA Special meeting which was called for the purpose of having a recall vote of each of the board members? Meeting was originally requested by a petition of the minimum number of names to request that the President call the special meeting. This was rejected as a number of names were disqualified - not sure why, but assume they were for legitimate reasons. Then a motion was made by a board member to call the special meeting and it was seconded by a second board member which met the requirement to have the President call the special meeting. Other board members then made motions that the board members who made the original motion also be added to the recall vote. So now the whole board is up for recall. Meeting has been set and proxies have been sent out. I am wondering how the meeting should be operated ... for example should the President (who is up for recall) chair the meeting? How should the meeting proceed? I assume someone likely needs to make a motion to recall the first board member - a second and then a series of debate on the motion ending in a vote on the motion. Then the second and so forth. My feeling is that the matter has gotten so personal and angry and confrontational that they should look at bringing in a neutral third party to chair the meeting, but independent of that I'd like to at least share some positive suggestions. Thanks for any thoughts you may wish to share. Regards, Rick
  4. I am a novice at this. I am a member/homeowner in a non profit (HOA) corporation. I would like to know if a renter/non-member/homeowner can attend Board meetings and can they have their comments recorded in the Board Minutes? Thank you.
  5. Hi everyone, I am interested to know how one would go about applying Robert's Rules to the annual board meeting for a Home Owners Association. The meeting is jointly run by the property management company and the board of directors - it is open to all home owners within the property to attend. The agenda is as follows: 1. intros 2. presidents message 3. financial report 4. architectural committee report 5. Nominations and Elections for open board positions 6. Questions and Answer period for the residents. 7. Election results 8. Adjourn The main aspects about quorum and notice, etc are all observed, but some residents think that the strict application of the rules should apply and the should be able to make motions, etc. Since the only item which is up for vote is the election of new members, and most other items would either be voted on by the board after due research/legal council etc and anything which might amend the articles of incorporation requires a well documented process, I am uncertain what other motions could be made and how the voting would actually occur in a meaningful way. For example, I do not thing it would be proper for a homeowner to say table a motion to change one of the community rules and regs and have it debated and voted on, either by the board or the attendees. The meeting usually only barely meets quorum and any proxies submitted have only been made aware of the election as a possible vote. I do see where the Q&A period could follow the structure or each homeowner can ask one question and cannot rise to speak until all others have had a turn, and the process of only directing the questions to the chair/board instead of allowing cross talk with the other members. Any suggestions or thoughts would be welcome and appreciated. Thanks, Donald
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