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EReder (Hawaii)
Posts: 9
Posted:
At our annual meeting last week the President of our board informed us in the audience that we could use this meeting to pass motions. I took the bull by the horn and addressed the audience and together we voted for 2 motions. Then the President said that these motions would be "advisory only" meaning they were worthless. So asked if the board, which was fully assembled at the time could just go ahead and pass these motions that the owners wanted. The property managmement company said that this was not an "offical meeting of the board" and therefore they could not pass motions. I feel that we were getting the run around here. If the board was assembled, couldn't they have passed our motions that we wanted?
MaryA1 (Arizona)
Posts: 388
Posted:
Exactly what were the motions that the members passed. It could be that these actions cannot be taken by the members so the board would have to take them up as new business. As for the board conducting business at the member's annual meeting,I agree this cannot be done; however, it really would depend upon what noticing requirements there are for board meetings. In states where there is an open meeting law, such as AZ, a board meeting would be required to be noticed to the members -- that is all members, not just those attending an annual meeting. The fact that these motions were passed by the members present at the annual meeting means that the board "should" take up these issues at the next regularly scheduled meeting. However, just because the members passed the motions does not necessarily mean the board must also pass the motions. If these are issues that only the board can act on then it would be at their discretion as to whether or not the motions should be passed.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Generally, at annual meetings the Members of the HOA can make and pass motions IF the motion is one that does not require Notice to Members, such as raising assessments or spending money and IF it does not conflict with the powers of the board, CCRs or other bylaws.

Many times, these motions are directions to the board i.e. establish a committee to look into vandelism.

What were your motions?

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