Voting period extension

My association is 56 homes. The by-laws/covenants state the Board needs 37 (2/3) homeowners to vote for a common fee dues increase. The covenants also state that no vote is a "no" vote. Board proposed dues increase in April, sent out ballots in May, and requested the votes be sent to the Board by the vote closing date of 01 July. The Board did not have the necessary votes on 01 July so they went out and solicited "yes" votes from people who had not submitted a vote by 01 July. By mid-late July the Board had convinced people who had not voted to submit "yes" votes. The Board in late July declared they had enough votes and put the dues increase in effect. I contend to the Board that these people were "no" votes based on the fact that no vote is a "no" vote and there was no rolling voting date. I do not see any situation like this in any thread. Has anyone encountered this? I have written to the Board about it, no response in four months!

WOW! I could compose any proposal so what I wanted would pass due to apathy.

Example: Annual Assessments should not be raised to an amount in excess of $1,000 per month. If no one shows up, the proposal fails and Assessments are raised to $1,000 per month.

I would strongly recommend that you have that part of your documents changed.

Carrie,

As for postponing the votes, depending on how your governing documents are written, there are typically provisions to stop a meeting and continue at a later date. My documents word it this way:

"If however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time-to-time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented"

Now, my documents are very specific to being tied to a quorum. Once a quorum is met, the vote should happen. However, there is nothing that specifies when the ballots will close. It is implied, but not specified, in my documents that the voting will be done at the meeting. However, it doesn't prevent someone from saying now cast your vote, the voting will end at midnight on January 1, 2012.

Granted, I don't think it would hold up in a court of law, but it might. Either way, someone would have to challenge the decision to find out. Even if you look at

The Fairfax County Community Association Manual
or
The Virginia Nonstock Corporation Act
or
The Virginia Condominium Act
or
The Virginia Property Owners' Association Act

There is nothing that identifies that polls must be closed x hours after the vote is called for. Until the polls are closed, people may show up and vote.

Personally, I concur with you based on what you posted about your governing documents. Unfortunately, you will probably need to consider legal action if you wish to challenge what the board did.

If you wish to ensure this doesn't happen again, you could toss your hat into the ring, rally support and become a member of the Board.

Wish I had better advise for you.

Tim