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Special Meeting


Guest Burnsie

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URGENT: We are a HOA formed under the non profit act in NC 55A. By our articles of incorporation we use RONR. We had a demand for a special meeting of the membership with a specific date and time stated (January 3)that does not comply with NC 55A that states that we must hold that meeting within 30 days of receiving the demand which was received on Nov 14. Our bylaws state our members need 30 days notice of meetings. We can not/did not meet that rule because it meant sending out the notice of meeting the same day the letter arrived. The letter also has a list of vague topics (treasurer's report, Declaration of Covenants, Appropriation of funds, Website, Open Board of Director meetings) for the meeting and it will be difficult for anyone to come prepared, they won't even be able to tell if there will be any type of vote. Three questions: does the board have to call the meeting on the date demanded by the letter? If we use the meeting date in the letter, no one on the board can come, so who would chair the meeting? Can the board call a special meeting and use the list in the letter to formulate a more specific agenda that would meet the criteria in RONR, 11th ed. p. 91, ll. 31-35?

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As far as RONR is concerned...

Three questions: does the board have to call the meeting on the date demanded by the letter?

No, unless your Bylaws so provide.

If we use the meeting date in the letter, no one on the board can come, so who would chair the meeting?

Any member would call the meeting to order, and the first order of business would be to elect a Chairman Pro Tempore to preside for the remainder of the meeting.

Can the board call a special meeting and use the list in the letter to formulate a more specific agenda that would meet the criteria in RONR, 11th ed. p. 91, ll. 31-35?

If you replace "agenda" with "call to meeting," then I think you have the right idea.

As noted above, however, these are the answers so far as RONR is concerned. It appears that there are also issues involving your society's own customized rules and applicable law, which are beyond the scope of RONR and this forum.

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