Amendments to voting quorums

Started by JimC12 • 4 replies • 1431 views

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JimC12 (Virginia)
Posts: 12

Posted:

I currently hold a position on the board and have challenged the board and the votes that were casted at an annual meeting to for forward on hiring a management company which would have a direct impact to dues (increase). Our current deed which is on our website and the same one given to new homeowners currently which states that we must meet a 2/3 quorum to make these decisions. If we don't meet the 2/3 we are aloud to call a secondary meeting which requires half of the 2/3 votes to move forward. At our last meeting we did not meet this and I challenge this motion b/c of the quorum requirements, but at meeting after the annual meeting at a board meeting a board member handle me a sheet of paper stating an amendment to the quorum was voted on to 25% four year ago.

Well the existing deed and CC&R packets that are available to current homeowners and the same packet given to new homeowners does not show nor reference any new amendment on section. Does this amendment hold any value?

I feel that is does not b/c it was not recorded and refiled at the courthouse and that an update deed and CC&R wasn't placed on the website. Also, I did not receive a separate letter or sheet from the association stating this should be added to your existing packet.

Is there some statue of limitation or something that basically says this amendment is void and must be re-voted on and properly recorded and disclosed? Should I be requesting the detail minutes related to the passing of the amendment which should include a total count of votes and proxies? I would think I would be entitled to getting details of sign-in sheet of who attended and votes and copies of proxies to valid the quorum at that time. I am aware I am not entitled to see how members voted, I am looking to see the numbers requirements.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jim,

The amendment to the CC&R's must have been recorded. That said, your question on validity carries many, many different issues. I suspect that in the past 4 years, homes were sold within the development. If the BOD failed to provide a true copy of the CC&Rs, there may be violations of VA law. That said, I do not know if this omission would invalidate the actual amendment. I suspect that that question would have to go through the legal process.

If your Association is incorporated as a non-profit in VA, then you do have the right to inspect the records of the association. For the elections, this would include:

The sign-in sheet (as it certifies if a quorum was met)
Proxies (to determine if the proxy is genuine)
Actual Ballots (to verify the vote)

Hope this helps,

Tim

RogerB (Colorado)
Posts: 5,067

Posted:

Jim, can you be more specific? You stated " current deed" and "we must meet a 2/3 quorum to make these decisions." By "deed" did you mean Bylaws or perhaps Declaration of CC&Rs? Homeowners can vote at a duly called meeting and amend the Bylaws. Homeowners can vote and amend the CC&Rs. All approved amendments should always be provided to the members/owners. Amendments to the CC&Rs run with the land (carry forward with a transfer of title) and must be recorded with the County Clerk and Recorder to be valid. In Colorado I believe they can be challenged for one year after being filed.

Meanwhile, most business decisions, including hiring and terminating a management company, are made by the Board of Directors. Budget and assessment decisions are often approved by the Board and brought to the members for a vote to ratify.

DanielH1 (California)
Posts: 482

Posted:

Until determined otherwise by a court, documents, motions and votes are assumed to be valid.

Lots of HOAs (and, well, companies and organizations, too) lose or misfile paperwork. They send out outdated documents. They (often unintentionally) violate procedures or requirements. They make mistakes.

But only a court can invalidate that "work". If you don't want to accept something at face value, you can try to convince others not to accept the questionable item. If you want to force them to accept it, the only way is in court.

This is familiar discussion on this message board. What to do if your Board is crazy and is violating the law? Nothing except take them to court (if it is worth it to you).

SusanW1 (Michigan)
Posts: 5,202

Posted:

Jim - your HOA Secretary's MAIN job is to maintain the records of the corportion.
That person should be able to answer your question.

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