Guest eliserogers Posted August 30, 2012 at 02:34 AM Report Share Posted August 30, 2012 at 02:34 AM Our home owners association by-laws require notification by USPS 10 days prior to the annual meeting. That notification went to all members by e-mail this year, not USPS. Everyone has been notified and confirmation has been made by phone. In order to conduct the business of election of board and officers, can we temporarily suspend that provision in the by-laws and then reinstate it at the end of the meeting. Then the board will review that section of the by-laws and make a recommendation for a change next year at the meeting. The meeting is this Saturday. Your guidance will be appreciated. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 30, 2012 at 02:38 AM Report Share Posted August 30, 2012 at 02:38 AM Our home owners association by-laws require notification by USPS 10 days prior to the annual meeting. That notification went to all members by e-mail this year, not USPS. Everyone has been notified and confirmation has been made by phone. In order to conduct the business of election of board and officers, can we temporarily suspend that provision in the by-laws and then reinstate it at the end of the meeting. Then the board will review that section of the by-laws and make a recommendation for a change next year at the meeting. The meeting is this Saturday. Your guidance will be appreciated.No. Bylaws requiring a specific notice may not be suspended. Link to comment Share on other sites More sharing options...
Guest Edgar Posted August 30, 2012 at 03:35 PM Report Share Posted August 30, 2012 at 03:35 PM Our home owners association by-laws require notification by USPS 10 days prior to the annual meeting. That notification went to all members by e-mail this year, not USPS.You might want to consider replacing whoever it was that didn't understand that "USPS" means USPS. Or, worse, thought that some of the rules don't really matter. One can only wonder which rule they'll choose to ignore next. Link to comment Share on other sites More sharing options...
Trina Posted August 30, 2012 at 06:47 PM Report Share Posted August 30, 2012 at 06:47 PM Our home owners association by-laws require notification by USPS 10 days prior to the annual meeting. That notification went to all members by e-mail this year, not USPS. Everyone has been notified and confirmation has been made by phone. ...Is the date of the annual meeting already specified in the bylaws (independent of the notice requirement)? For example, do the bylaws specify that the annual meeting shall take place on the first Saturday in September, or some language of that sort? Link to comment Share on other sites More sharing options...
George Mervosh Posted August 30, 2012 at 07:00 PM Report Share Posted August 30, 2012 at 07:00 PM Is the date of the annual meeting already specified in the bylaws (independent of the notice requirement)? For example, do the bylaws specify that the annual meeting shall take place on the first Saturday in September, or some language of that sort?What if it is? While RONR might not require additional notice if it is, their bylaws require it. Link to comment Share on other sites More sharing options...
Trina Posted August 30, 2012 at 09:49 PM Report Share Posted August 30, 2012 at 09:49 PM What if it is? While RONR might not require additional notice if it is, their bylaws require it.If the bylaws say when the annual meeting is to be held, wouldn't the notice requirement be more of a courtesy, rather than a required act whose omission makes the meeting invalid?I agree that the bylaws requirement can't be suspended in any case. Link to comment Share on other sites More sharing options...
George Mervosh Posted August 31, 2012 at 02:18 PM Report Share Posted August 31, 2012 at 02:18 PM If the bylaws say when the annual meeting is to be held, wouldn't the notice requirement be more of a courtesy, rather than a required act whose omission makes the meeting invalid?I agree that the bylaws requirement can't be suspended in any case.The facts in elise rogers's case was all I was responding to.....and she states that notice is required by her group's bylaws, and in my view, that requirement is not a courtesy but a mandate, even if the date of the annual meeting is in her group's bylaws.In other cases where no additional notice is required by the bylaws, I certainly agree notice is a courtesy, and probably just a good idea. Link to comment Share on other sites More sharing options...
Trina Posted August 31, 2012 at 02:36 PM Report Share Posted August 31, 2012 at 02:36 PM The facts in elise rogers's case was all I was responding to.....and she states that notice is required by her group's bylaws, and in my view, that requirement is not a courtesy but a mandate, even if the date of the annual meeting is in her group's bylaws.In other cases where no additional notice is required by the bylaws, I certainly agree notice is a courtesy, and probably just a good idea.Interesting. This raises some other questions, but I'll start another thread to ask them (since they may not be relevant to the original poster's concerns). Link to comment Share on other sites More sharing options...
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