General Meeting Voting

[Guest max]

Last August our homeowner association had a general meeting. We found out that the newsletter that gave out the date and location of the meeting were not sent out to all members in time. I was one of the members. A couple of months later Inoticed that our dues were going up substantially. When I called the office and asked about the large increase I was told that I should have gone to the meeting to vote. I said that I did not know that there was a general meeting because I was never notified. There were 3 choices to vote for, a small increase, no increase or a huge increase.Amazingly a huge increase was voted for. Is it proper to have had the 3 choices? The next question is how do we address not getting the newsletter that they have admitted did not go out to everyone on time.

[J. J.]

Last August our homeowner association had a general meeting. We found out that the newsletter that gave out the date and location of the meeting were not sent out to all members in time. I was one of the members. A couple of months later Inoticed that our dues were going up substantially. When I called the office and asked about the large increase I was told that I should have gone to the meeting to vote. I said that I did not know that there was a general meeting because I was never notified. There were 3 choices to vote for, a small increase, no increase or a huge increase.Amazingly a huge increase was voted for. Is it proper to have had the 3 choices? The next question is how do we address not getting the newsletter that they have admitted did not go out to everyone on time.

You can raise a point of order at the next meeting that notice was not properly sent. If these are annual meetings, you might consider contacting an attorney and pursuing litigation.

[Tim Wynn]

Last August our homeowner association had a general meeting. We found out that the newsletter that gave out the date and location of the meeting were not sent out to all members in time. I was one of the members. A couple of months later Inoticed that our dues were going up substantially. When I called the office and asked about the large increase I was told that I should have gone to the meeting to vote. I said that I did not know that there was a general meeting because I was never notified. There were 3 choices to vote for, a small increase, no increase or a huge increase.Amazingly a huge increase was voted for. Is it proper to have had the 3 choices?

A motion cannot be made with three choices. It could be made with one choice, such as increasing dues to X dollars. A member could then move to amend by changing X to Y. Alternatively, a blank could be used, so that a motion proposing to increase dues to _____, would have its blank filled by members calling out amounts and then debating and voting on it. Once the blank is filled, the motion itself would be put to a vote.

The next question is how do we address not getting the newsletter that they have admitted did not go out to everyone on time.

If this was a special meeting, special meetings must be authorized in the bylaws, otherwise you cannot have them. Also, required notice must be sent to all members. If that was not done, any business conducted is null and void.

[Guest max]

[if this was a special meeting, special meetings must be authorized in the bylaws, otherwise you cannot have them. Also, required notice must be sent to all members. If that was not done, any business conducted is null and void.

[David A Foulkes]

It was the yearly general meeting. Our bylaws say that we must be notified in mail of the general meeting.

You say that notice wasn't "sent out to all members in time." Just because you didn't receive it in time isn't enough; if it has been mailed according to the bylaw-designated time restrictions for putting it in the post, then all is well. If there's nothing in the bylaws about when the notice must go out, the accepted time frame would be "a reasonable time in advance."

So, do your bylaws say (specifically) how far in advance of the GM the notice must go out? And if so, is there proof this wasn't adhered to?

[Tim Wynn]

You say that notice wasn't "sent out to all members in time." Just because you didn't receive it in time isn't enough; if it has been mailed according to the bylaw-designated time restrictions for putting it in the post, then all is well. If there's nothing in the bylaws about when the notice must go out, the accepted time frame would be "a reasonable time in advance."

So, do your bylaws say (specifically) how far in advance of the GM the notice must go out? And if so, is there proof this wasn't adhered to?

how do we address not getting the newsletter that they have admitted did not go out to everyone on time.

It seems like there's some agreement on this fact.

[David A Foulkes]

It seems like there's some agreement on this fact.

Yeah, I know, it seems so. But I'd prefer to read something a bit more parliamentarily definitive than "they admitted" the notice didn't "go out ... on time", especially having only one side of the story here so far. When I can tell you what "on time" would have been for max's group, then I'll cease and desist ruminating.

[Tim Wynn]

... then I'll cease and desist ruminating.

That's a day I hope we never see.

[Guest max]

This is copied and pasted from the association web site. "In July of each year, a notice of time and place of the membership meeting shall be sent to each member advising them that a meeting will be held on the last Saturday in August that is not part of the Labor Day weekend. Notifications shall be sent by regular mail to the last known address of each member. The July notice of the membership meeting shall include a list of candidates for directorship in the Association with a resume from each. .

b. The July notice of the membership meeting shall include a financial statement prepared by the officers and directors, showing the current financial position of the Association"

I attended a meeting on Sat. The board admitted that the "newsletters" did not go out in time to everyone. That is thier side of the story. I was not notified and many other residents were not as well according to the board and to some of the people in attendance of the meeting.

[Tim Wynn]

This is copied and pasted from the association web site. "In July of each year, a notice of time and place of the membership meeting shall be sent to each member advising them that a meeting will be held on the last Saturday in August that is not part of the Labor Day weekend. Notifications shall be sent by regular mail to the last known address of each member. The July notice of the membership meeting shall include a list of candidates for directorship in the Association with a resume from each. .

b. The July notice of the membership meeting shall include a financial statement prepared by the officers and directors, showing the current financial position of the Association"

I attended a meeting on Sat. The board admitted that the "newsletters" did not go out in time to everyone. That is thier side of the story. I was not notified and many other residents were not as well according to the board and to some of the people in attendance of the meeting.

The assembly of your organization will have to decide if the bylaws were followed. A failure to comply with required notice will nullify all business transacted at the meeting.

[Guest max]

Okay,lets say that I can not "prove"that the newsletters went out in time dispite the fact that the lady who was mailing them said that some did not go out in time which would mean that they weren't mailed out in July according to their own bylaws.

Lets move onto that 3 different budgets were voted on,what would this mean? Would it invalidate the voted on budget?

By the way I deeply appreciate all ofyour help/wisdom!

[Tim Wynn]

Okay,lets say that I can not "prove"that the newsletters went out in time dispite the fact that the lady who was mailing them said that some did not go out in time which would mean that they weren't mailed out in July according to their own bylaws.

Lets move onto that 3 different budgets were voted on,what would this mean? Would it invalidate the voted on budget?

Lack of required notice would invalidate the adoption of a budget, yes. Is that what you're asking?

[Guest max]

[quote name='Tim Wynn' date='18 July My question is since 3 proposals were brought up for a vote on the budget does it invalidate the vote at all? 3 choices were given no increase, a small increase or a huge increase.

[Josh Martin]

My question is since 3 proposals were brought up for a vote on the budget does it invalidate the vote at all? 3 choices were given no increase, a small increase or a huge increase.

Yes, it does, but it seems like it may be null and void due to lack of proper notice anyway.