Annual HOA meeting - members rights for attendance/speaking

[Guest Melissa]

Our annual meeting was supposed to be held last April.  There hasn't been any meetings by the Board or updates until now.  We are having an annual meeting in January and an Election.  Our election cycle is off because of the time lapse, and the homeowners have been told to submit questions prior to the zoom meeting as there won't be time for us to speak on the call.  Is this allowed?  the stat is North Carolina.  Our bylaws call for an annual meeting and elections to be held at those meetings for the terms that are up. 

thank you

[Richard Brown]

Having the meeting and electing your officers via zoom is not permissible unless provided for in your bylaws or by some state law or possibly a governor’s proclamation authorizing such meetings.

in addition, unless your bylaws or some superior state law provide to the contrary, even if electronic meetings are authorized, all participants must be able to hear each other and must be able to speak during the meeting.  

[Guest Puzzling]

For HOA not only RONR is important more important are the state laws, your own bylaws and other regulations.

Have a look at the website of the home owners protection Bureau hopb.co for your local law and regulations

[Guest Melissa]

Thank you.  Yes there is a Governor's order in place allowing the meetings to be virtual, however the not allowing the homeowners to speak was my real issue.  This board has been a challenge and they are trying to get us to only submit our questions prior and not allow us to speak on the meeting platform.  Thus this wouldn't allow us ability to make motions etc.  

Also, based on your response above, if the election moves forward, would the term being filled, back fill to the original April 2020 date of our regular annual time frame of elections or does the term start now and go forward from the mail in election time?

 

thanks

[Gary Novosielski]

6 hours ago, Guest Melissa said:

Thank you.  Yes there is a Governor's order in place allowing the meetings to be virtual, however the not allowing the homeowners to speak was my real issue.  This board has been a challenge and they are trying to get us to only submit our questions prior and not allow us to speak on the meeting platform.  Thus this wouldn't allow us ability to make motions etc.  

Also, based on your response above, if the election moves forward, would the term being filled, back fill to the original April 2020 date of our regular annual time frame of elections or does the term start now and go forward from the mail in election time?

 

thanks

The Governor's order surely does not limit the rights of members to make motions or speak in debate, or to pose a Request for Information.  The board has no power to do that, if the rules in RONR apply.   

As far as terms are concerned, depending on the language in the bylaws, officers terms ended in April, or may have been extended until their successors are elected. You'll have to check the bylaws for such language.   I see no reason to think that the terms of office would be changed by a delay in holding the Annual Meeting.  In my view, the terms being filled at this meeting will end at the same time they would have, if the Annual Meeting were held when it should have been.

[Richard Brown]

17 minutes ago, Gary Novosielski said:

In my view, the terms being filled at this meeting will end at the same time they would have, if the Annual Meeting were held when it should have been.

I agree.