When is a Meeting Illegal ?

[David A Foulkes]

Thanks David for explaining this to me. Your last option

"Or, you can start crossing off the days on your calendar and hope for the best."

may be the best road for me to take.

At this point there is only one month left and I can't wait for it to be over.

My taking action is not going to change anything at this point & as you replied I could end up in the hall. I don't know if he would have the support but I don't want to chance it.

Well, you are the VP. Your duties may be limited according to the bylaws, but it counts for something. Clearly at one point a majority of people wanted you "in", assuming of course the elections wasn't mishandled!

But maybe you just need to talk to the membership (residents is it?) and see what the sense is. Maybe you have more support than you know.

[dbpc2000]

Well, you are the VP. Your duties may be limited according to the bylaws, but it counts for something. Clearly at one point a majority of people wanted you "in", assuming of course the elections wasn't mishandled!

But maybe you just need to talk to the membership (residents is it?) and see what the sense is. Maybe you have more support than you know.

\

Actually, in our HOA the President appoints the officers and other Board members to a position of his choice so I was appointed VP by the President.

[Josh Martin]

Actually, in our HOA the President appoints the officers and other Board members to a position of his choice so I was appointed VP by the President.

Well if that's the case, challenging the President is certainly a very poor idea unless you have the support of the general membership.

The organization might want to rethink whether it is a good idea to give the President such expansive authority.

[dbpc2000]

Well if that's the case, challenging the President is certainly a very poor idea unless you have the support of the general membership.

The organization might want to rethink whether it is a good idea to give the President such expansive authority.

Josh,

I have the support of the general membership ( residents as this is a HOA ) but would be outvoted by the other members of the Board if I challenged the President.

The general membership would not do anything at this late date since the annual meeting in 4 weeks & his term expires. They are very upset though about his abuse of power & not following the rules.

My last question on this topic, I guess, is at the annual meeting when does his term end? When he adjourns the meeting?

[David A Foulkes]

My last question on this topic, I guess, is at the annual meeting when does his term end? When he adjourns the meeting?

It would be my guess the answer to this is (or should be) in the bylaws. That is where the definition of officer terms is (or should be) located. Nothing in RONR that I know of can give you the answer.

[dbpc2000]

It would be my guess the answer to this is (or should be) in the bylaws. That is where the definition of officer terms is (or should be) located. Nothing in RONR that I know of can give you the answer.

David,

Yes, thanks, are bylaws state under annual meetings:

One of the purposes of which shall be the election of the Board of Directors for the ensuing calendar year, all of whom shall take office immediately upon election.

[Josh Martin]

...shall take office immediately upon election.

That's the default under RONR as well.

[David A Foulkes]

David,

Yes, thanks, are bylaws state under annual meetings:

One of the purposes of which shall be the election of the Board of Directors for the ensuing calendar year, all of whom shall take office immediately upon election.

Okay, but that addresses the annual meeting and the election of the BoD. It doesn't address this (questionable) "after-AGM meeting" at which the President is elected by the BoD and then he appoints the rest of the officers.

[dbpc2000]

The meeting after the annual meeting for the new Board members is noted on the annual meeting adgenda after adjourn it says:

ADJOURN

Note: There will be a short Organizational Board Meeting immediately following the Annual Meeting - President

Is this an actual notice? It does meet the requirements in our bylaws which say notice of a special meeting must be mailed out regular mail and the time is okay because they will get this agenda in the annual meeting package which is mailed to all residents 30 days in advance of the meeting so that means all the prospective Board members.

What has me bewildered is it says President in the next column. Every item on the agenda is being presented by either the President or the Treasurer.

Our bylaws state:

The annual meeting of the membership of this association shall be held at a place and time

during January to be designated by the President. One of the purposes of which shall be the

election of the Board of Directors for the ensuing calendar year, all of whom shall take office immeditely.

This is why I believe he is going to try to run the meeting afterward. He is the only President until a new President is elected.

Our bylaws state:

3. BOARD OF DIRECTORS

3.1 NUMBER AND TERM OF DIRECTORS

The business, property and affairs of this Association shall be managed by a Board of Directors

composed of seven (7) persons. Each director shall hold office for the term for which he is

elected and until his successor is elected and qualified.

So is he President & can preside until the new President is elected & can preside rather then myself, as VP, presiding over the newly elected Board?

In the past the old President did not try to stay or run the meeting of the newly elected Board but from the comments he has nade I believe this is his plan.

From what I am reading in the bylaws now it looks like he can do this ???

The meeting package was already approved by the present Board and mailed.

Also, our bylaws , which are not very clear do state :

3.4 TIME OF MEETING

Annual meeting of the Board of Directors shall be immediately following the annual meeting of

the members each year, at such times thereafter as the Board of Directors may fix, and at other

times upon the call of the President or by two (2) of the Directors. Notice of each special

meeting shall be given by the Secretary to each Director not less than five (5) days before the

meeting, unless each Director shall waive notice thereof before, at or after the meeting

also our bylaws state:

10. ARCHITECTURAL REVIEW BOARD

The President shall appoint a chairperson of the Architectural Review Board at the annual meeting of the Board of Directors held in January of each year. The Board of Directors shall select four (4) additional members for the Architectural Review Board.

The new president always did this but the President that we have in now thinks he can appoint . He already choose someone to be Treasurer and the present Treasurer is training them. This never occured in the past eiher. I guess he must be pretty sure he will have the votes to win. The person they are training is very new to the community so might not get elected. I think you can see why I am concered as to how to keep him from interferring in the new Board. Other Presidents have not done so but I don't want to speak up only to find out that he has the right to do this.

Thanks for all your help. I have learned so much these past two days from you & otheres on this site.

[Josh Martin]

The meeting after the annual meeting for the new Board members is noted on the annual meeting adgenda after adjourn it says:

ADJOURN

Note: There will be a short Organizational Board Meeting immediately following the Annual Meeting - President

Is this an actual notice? It does meet the requirements in our bylaws which say notice of a special meeting must be mailed out regular mail and the time is okay because they will get this agenda in the annual meeting package which is mailed to all residents 30 days in advance of the meeting so that means all the prospective Board members.

It is a proper meeting notice if this "annual meeting package" is in the call of the meeting, or if the Bylaws provide that the board shall meet immediately after the annual meeting.

So is he President & can preside until the new President is elected & can preside rather then myself, as VP, presiding over the newly elected Board?

Yes.

From what I am reading in the bylaws now it looks like he can do this ???

He can and should preside until a new President is elected. Whether this meeting after the annual meeting is properly called is a more difficult question.

3.4 TIME OF MEETING

Annual meeting of the Board of Directors shall be immediately following the annual meeting of

the members each year,

Well, you could have saved a lot of time if you quoted this earlier. The meeting after the annual meeting of the members is valid. It is still proper to adjourn the meeting to a later time.

[dbpc2000]

Thanks, Josh, you have been very helpful.