Guest larry Posted September 8, 2010 at 10:11 PM Report Share Posted September 8, 2010 at 10:11 PM Our homeowner's association is supposed to meet annually to elect officers, vote on budgets, other problems, etc. Our Board has not been able to obtain a quorum for the meetings for two years but they continually collect dues, elect/appoint their own people for the Board (the community is presently in litigation for another matter concerning the marina), and two of their members are involved with the litigation. Can the Board continue to collect assessments/dues and conduct business as usual? Link to comment Share on other sites More sharing options...
hmtcastle Posted September 8, 2010 at 10:45 PM Report Share Posted September 8, 2010 at 10:45 PM Our homeowner's association is supposed to meet annually to elect officers, vote on budgets, other problems, etc. Our Board has not been able to obtain a quorum for the meetings for two years but they continually collect dues, elect/appoint their own people for the Board (the community is presently in litigation for another matter concerning the marina), and two of their members are involved with the litigation. Can the Board continue to collect assessments/dues and conduct business as usual?Your board can only do what your board is authorized to do (check your bylaws). But your board has nothing to do with the quorum at a meeting of the association. A lack of quorum only means that the association can't do anything, not that the board can't do anything. The board only needs a quorum at board meetings.But it's unlikely that the board can appoint anyone to fill a "vacancy" due to an incomplete election. The vacancy-filling authority typically applies only to mid-term vacancies. If you can't get enough members together at the annual meeting to elect new officers, it may be that the current officers remain or that the position is empty until you can complete the election. But an empty seat resulting from an expired term is not the same as a vacancy due to, for example, a mid-term resignation.In other words, if the general membership has the responsibility and authority to elect officers, that can't be simply handed off to, or assumed by, the board. Link to comment Share on other sites More sharing options...
Guest larry Posted September 8, 2010 at 11:42 PM Report Share Posted September 8, 2010 at 11:42 PM Thank you for your answer to the first part of our question. However, you did not answer the whole question. Can the present Board (who have not been elected) continue to collect monies from our membership and distribute what they think is necessary. The membership does not know where the monies go as the Board has not provided a budget for the last two years. Link to comment Share on other sites More sharing options...
hmtcastle Posted September 8, 2010 at 11:45 PM Report Share Posted September 8, 2010 at 11:45 PM However, you did not answer the whole question. Can the present Board (who have not been elected) continue to collect monies from our membership and distribute what they think is necessary.The board can continue to do what the board is authorized to do.The real question is, given the fact that you haven't completed an election in at least two years, whether the people who are currently on the board have a right to be there.If your bylaws say that board members continue to serve until their successors are elected, then they continue to serve. Otherwise they're out of office when their terms expire, perhaps as long as two years ago. Link to comment Share on other sites More sharing options...
Guest larry Posted September 9, 2010 at 12:14 AM Report Share Posted September 9, 2010 at 12:14 AM The board can continue to do what the board is authorized to do.The real question is, given the fact that you haven't completed an election in at least two years, whether the people who are currently on the board have a right to be there.If your bylaws say that board members continue to serve until their successors are elected, then they continue to serve. Otherwise they're out of office when their terms expire, perhaps as long as two years ago. Link to comment Share on other sites More sharing options...
Guest Larry Posted September 9, 2010 at 12:29 AM Report Share Posted September 9, 2010 at 12:29 AM Thanks again for your reply..I believe we have a mess... Link to comment Share on other sites More sharing options...
hmtcastle Posted September 9, 2010 at 12:32 AM Report Share Posted September 9, 2010 at 12:32 AM Thanks again for your reply..I believe we have a mess...Knowing you have a mess is the first step towards cleaning it up.And why isn't there more money in writing fortune-cookie sayings?Or a niche market for parliamentarian fortune cookies."No need to record seconds in minutes." Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 9, 2010 at 01:29 AM Report Share Posted September 9, 2010 at 01:29 AM Knowing you have a mess is the first step towards cleaning it up.And why isn't there more money in writing fortune-cookie sayings?Or a niche market for parliamentarian fortune cookies."No need to record seconds in minutes."I'd push for them to be written by the Haiku Parliamentarians AssociationLife on a Small Board"Give me a second."One of a dozen replies,"There's no need for that." Link to comment Share on other sites More sharing options...
hmtcastle Posted September 9, 2010 at 01:37 AM Report Share Posted September 9, 2010 at 01:37 AM I'd push for them to be written by the Haiku Parliamentarians AssociationHaiku is not as simple as some elementary-school teachers might imply.You could say that haiku is like bylaws: easy to write; difficult to write well. Link to comment Share on other sites More sharing options...
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