Special Meeting

We conducted a special meeting in June.. The meeting was not adjourned due to the fact that homeowners wanted to hear from the board members regarding some of the allegiations that the mgmt company was stating about the board members. We are trying to continue the meeting and hold the offical vote to change the bylaws. The bylaws state that there needs to be at minimum 15 days to make homewoners aware of a special meeting, is this also the same for continuing the meeting? I'm trying to see how much notice we need to give. The mgmt company first stated there didn't need to be a notice, now she says at least 10 days..
Any suggestions?

You need to comply with your bylaws and state laws on this one. Some State laws (typically corporate law) require specific notice for bylaw changes vs. any other general meeting. Typically you need to comply with the one that requires the longest minimum notice (i.e. not less then x days nor more than y days).

Tim

Yes. There are states and HOA documents that require a meeting notice to be given "not less than xx days nor more than xx days before the meeting date." Probably the idea is that if notice is given too far in advance it falls out of people's memory.

Here's a helpful tip for you on this special meeting requirement to change you CC&R's (Not by-laws). If your using a lawyer, have them draft a letter/petition that allows the owners to give up their rights to have a special meeting. This allows the gathering of signatures to be on a more convenient level.

Basically, by giving up your right to the special meeting requirement allows the HOA to go door to door or other methods to gather the signatures required. It's nearly impossible to get 75% of a membership to be in one place at one time. This means the people responsible for gathering the signatures can talk one on one with the members and get the signatures for both the approval to change and special meeting petitions signed at the same time.

This saved us ALOT of headache and allowed us to speed up the process of getting the rules adopted. You will need a lawyer on these changes anyways to file them. It's not that much extra money and worth the effort.