reb Posted September 16, 2019 at 04:52 PM Report Share Posted September 16, 2019 at 04:52 PM The POA association yearly meeting keeps it unknown date , location, and time But DCC&R states A meeting second week of October 2019 ! The association only invites small group with a short window. This allows the association to have more control with less witness . Then they write minutes declaring their voting of business had a Majority of votes. This year property owners wants to gain back control . New blood as officer but to do this they need to discredit bylaws First set of by-laws were a private set and by sending proxy stating failure to answer was automatic giving them approval to adoption of by-laws. The association by-laws states ( never seen only quoted at meeting) No voting or electing an officer that is not currant on dues. per many members will not pay dues as protest . Money issues or dues has noting to do with voting in DCC&R. Property Owner will be contact for as many of local people to attend but many owners live out of state or in poor health will need proxy.. Question: Do proxy have a timely limit? Can you have permission to use proxy meeting only, months , a year out as needed? Can you make motion and have proxy votes ready to be used? Can motion to vote and use proxy requesting an emergency acceptance at meeting? Can a amendment to by-laws be requested to be used as emergency activation at that meeting? Can an emergency motion with proxy in hand that By-laws not be used until its approved and adopted by Property owners of 51% majority ? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 16, 2019 at 07:08 PM Report Share Posted September 16, 2019 at 07:08 PM 2 hours ago, reb said: Do proxy have a timely limit? Can you have permission to use proxy meeting only, months , a year out as needed? See FAQ #10, paying particular attention to the last sentence. 2 hours ago, reb said: Can motion to vote and use proxy requesting an emergency acceptance at meeting? Can a amendment to by-laws be requested to be used as emergency activation at that meeting? I don’t quite understand. Emergency acceptance of what? Emergency activation of what? 2 hours ago, reb said: Can an emergency motion with proxy in hand that By-laws not be used until its approved and adopted by Property owners of 51% majority ? If it is believed that the bylaws were not properly adopted, a member should raise a Point of Order to that effect, followed by an Appeal if necessary. I also strongly advise seeking legal counsel. Quote Link to comment Share on other sites More sharing options...
reb Posted September 16, 2019 at 07:48 PM Author Report Share Posted September 16, 2019 at 07:48 PM The by-laws were not excepted by property owners . The group knew if dues were not paid by 50% they would never get the support for by-laws. A Judge in court ruled they were an legal formed association . In that case the by-laws might be part of the legalness. The property owners wants to take over the power hungry officers of 15 years. rotating amount themself. Once before they told a property owner voted in that in their by-laws you could not be a officer if dues were owed! So even if this is in a set of good by-laws how do you get past this argument. More then 50% are against them and would give proxy to amend by-law ruling . How do you do this and it be binding. Must be beginning of meeting so that a new vote for officer can be honored! How would you word this ? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 16, 2019 at 10:01 PM Report Share Posted September 16, 2019 at 10:01 PM (edited) 2 hours ago, reb said: The by-laws were not excepted by property owners . The group knew if dues were not paid by 50% they would never get the support for by-laws. A Judge in court ruled they were an legal formed association . In that case the by-laws might be part of the legalness. The property owners wants to take over the power hungry officers of 15 years. rotating amount themself. Once before they told a property owner voted in that in their by-laws you could not be a officer if dues were owed! So even if this is in a set of good by-laws how do you get past this argument. More then 50% are against them and would give proxy to amend by-law ruling . How do you do this and it be binding. Must be beginning of meeting so that a new vote for officer can be honored! How would you word this ? If I understand the facts (and I am still not certain that I do), the intent is to challenge the ruling that members who are delinquent in their dues are ineligible for office. This would be done by raising a Point of Order, followed by an Appeal if necessary. I suppose this would be done by arguing either that the bylaws do not, in fact, have such a requirement or by arguing that the bylaws are themselves invalid. A majority vote is sufficient to overturn the chair’s ruling. In the alternative, if the bylaws are in fact valid, and they do in fact require members to be current in their dues to be eligible for office, the proper course of action would be to amend the bylaws. What exactly is required should be specified in the bylaws themselves, but generally some form of previous notice and a higher vote (such as a 2/3 vote) is required to amend the bylaws. Whether and to what extent proxies are valid for this purpose (or for any purpose) will be found in the rules authorizing proxies, which should be in the bylaws (or perhaps in a higher-level document), I would also note that because the alleged facts of this case are so remarkable (the validity of the bylaws themselves is disputed, the board refuses to let members see the bylaws, the board invites only select members to meetings of the association, the majority of the Association is refusing to pay its dues, etc.), because HOAs are frequently subject to numerous relevant laws, and because this situation has already been the subject of litigation, I rather doubt that this forum will be able to satisfactorily resolve this Association’s problems. I expect the Association will require the services of one or more of a professional parliamentarian in your area, an attorney, and/or a mediator. Edited September 16, 2019 at 10:02 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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