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KellyC6 (Virginia)
Posts: 37
Posted:
Is it a generally accepted practice to give 30 days notice for an annual meeting, and if so why? We are gearing up for an annual meeting and elections. Some members of the board and community are insisting that 30 days notice is the law. But from my reading of VA Code and our Association Bylaws (excerpts highlighted below), it appears that the actual notice requirement is really only 14 days. Can anyone shed more light? Thanks!

VA Code, Section 55-510 (F), Access to association records; association meetings; notice: "Meetings of the association shall be held in accordance with the provisions of the bylaws at least once each year after the formation of the association. The bylaws shall specify an officer or his agent who shall, at least 14 days in advance of any annual or regularly scheduled meeting, and at least seven days in advance of any other meeting, send to each member notice of the time, place, and purposes of such meeting...".

VA Code, Section 13.1-838(A,B): “A. A corporation shall hold a meeting of members annually at a time stated in or fixed in accordance with the bylaws. B. Annual meetings of members may be held at such place, in or out of the Commonwealth, as may be provided in the bylaws or, where not inconsistent with the bylaws, in the notice of the meeting.”

VA Code, Section 13.1-842(A1), Notice of meeting: “A corporation shall notify members of the date, time, and place of each annual and special members’ meeting. Such notice shall be given no less than 10 nor more than 60 days before the meeting date…”.

Our Bylaws state re: Annual Meetings: “Subsequent regular annual meetings shall be on a date and at a time set by the Board of Directors.”
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Kelly,

From what you posted it would appear that the law requires a minimum of 14 days notice. Your bylaws could specify a longer notice period, but again, from what you posted, they don't appear to.

To answer your question, by law, you cannot give less than 14 days notice. But so what? A 30-days notice meets this requirement also, and if that's what your members would like, do the 30 days. Why not?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Perhaps the MEETING only needs 14, but a certain class of VOTE needs 30 if it is presented for vote at that meeting??
BevM (Virginia)
Posts: 34
Posted:
These are the steps I would take to remedy a portion of what you are looking for:
1. Get the BOD to determine a day and time for the Annual Meeting of the Members. Not a date, such as July 31 of each year,as that could fall on any day of the week, but for example, "The 4th Saturday in the month of July at 12:00 pm."
2. Propose a by-law ammendment to the day and time.
3. Bring it before the members in a Special Members Meeting to vote on.

That way, the day and time is consistant and no one is caught of guard.

BevM (Virginia)
Posts: 34
Posted:
These are the steps I would take to remedy a portion of what you are looking for:
1. Get the BOD to determine a day and time for the Annual Meeting of the Members. Not a date, such as July 31 of each year,as that could fall on any day of the week, but for example, "The 4th Saturday in the month of July at 12:00 pm."
2. Propose a by-law ammendment to the day and time.
3. Bring it before the members in a Special Members Meeting to vote on.

That way, the day and time is consistant and no one is caught of guard.

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