Special meeting rules & vote for boat slips.

Robert, did the association provide enough information? Did the Board make an unbiased and conscientous effort to educate all owners on the pros and cons of the proposal? In the "brief" discussion were the owners opposed given sufficient time to present their case? If the answer is yes then why are they upset that they lost?

I would suggest the Board offer to sit down with their leaders to try to resolve this. From what you posted I think the Board currently has the obligation to proceed with the project. I would check with the HOA insurance agent first to confirm coverage

Roger, Thank you for your reply. I don't know if the community was given enough information or time to voice their opposition or if they could ever be given enough time or information. Something that is perfectly clear to some may not be clear at all to others. The board was petitioned by the committee and our management company sent out the notices for a special meeting.

The special meeting vote ballet basically said the boat ramp/slip committee wants to direct the board of directors to set aside funds up to $35,000 to peruse building boat slips. The open forum was open for about an hour and 20 minutes. Some of the people who attended made comments such as "we want our association dues money back" while others tried to disrupt the meeting and others said the meeting was "illegal". After and hour and 20 minutes it was obvious that the people against the project were upset and the forum was getting no where. And then the committee called for a vote and the vote was taken.. Most of the people who spoke were against the ramp/slips. I think everyone involved could have done a better job but the vote was taken anyway and now here we are.

Did the Board make an unbiased and conscientious effort to educate all owners on the pros and cons of the proposal? The board is divided on the issue and the board did not get involved directly until after the vote when we were trying to decide what to do about the vote. The board did not direct the committee to do anything and one reason was we didn't want this to be a board issue we wanted it to be a community issue where the people of the community made the decision. Were we wrong by doing that? The community has been divided on this issue for over 5 years and this is the first time it ever got this far. Most people in the past committees just quit the committee or board when confronted by the lake front owner’s threat to sue.

The board tried to set down to talk about the issue but it turned into a shouting match and no one knew what the law requires us to do.

The people who are upset say they are upset because the community was not given enough information, the rules for the boat slips have not been developed and because they don't want boat slips. However, last year when the board asked for capital improvement projects no one offered any projects other than the boat slip committee. The boat ramp committee extended an offer for anyone opposed to the project to join the committee and no one against the project joined. Now the people against the slips want the board to appoint a committee to see if the vote that was held is legal. I don't think the board should appoint a committee because we didn't appoint the boat slip committee. Thanks

A non board member at a board meeting does not have the right to make a motion. A board member cannot act on the petition either. The entire board must have had ample time to review and, if necessary, consult with legal counsel. Also, it sounds like the petition is to set aside a properly notice special meeting. In essence you are using a petition to amend the voting process delineated in the bylaws without a vote of 2/3 of the membership. It can't be done.