HOA Annual Mtg - Reschedule

Started by KittyJ1 • 12 replies • 1934 views

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KittyJ1 (North Carolina)
Posts: 5

Posted:

Hello All,

I am the secretary of a HOA in NC. We have recently tried to schedule our annual meeting. It was scheduled for end of July. Had to reschedule once since the president could not attend. Have since had to reschedule due to weather it is held outside in a cul-de-sac. Our annual mtg states a 30 day notice - no more that 60 days but no less than 15. Does this apply to a reschedule?

Thanks for your help.

PetunkaM (Florida)
Posts: 1,009

Posted:

Kitty,
Perhaps others will have different views, but I am not sure the bod has the authority to postpone members’ meeting just because the president cannot attend? At least we would not do that. Also, if the weather is bad we just change the location. (Unless you are in Kitty Hawk now). Otherwise, you can use the same notice provision.

BradP (Kansas)
Posts: 2,640

Posted:

I agree with the previous poster, just because the president can not attend is not a valid reason to cancel a meeting in my opinion. In our case he is just one of 7 board members and the rest of the board is quite capable of carrying out the meeting.

But, since you are where you are I would use the same meeting notice guidelines for the reschedule.

KittyJ1 (North Carolina)
Posts: 5

Posted:

Thank you so much. I rescheduled within days and was reprimanded and I was not sure that I really needed to give another 15 - 30 day notice for a reschedule.

EllieD (Vermont)
Posts: 446

Posted:

KittyJ1,

What was the purpose of the Annual Meeting? To elect directors? To approve the budget? Were Proxies collected?

Do your Annual Meetings usually have enough members attending to meet the Quorum requirement?

Just curious, because as others have replied, another person (the VP if you have one) can chair the meeting, and scheduling depending upon the weather seems “iffy”.

KittyJ1 (North Carolina)
Posts: 5

Posted:

It is to elect board members, review the budget and review any concerns and open discussion. We NEVER have enough members attending to meet the Quorum requirement. The only time homeowners attend is if we may have to raise the dues. Which since I have been on the board....3-5 yrs is only 4% due to non-participation once. From my understanding we have never had the 51% Quorum and had to adjourn multiple time until it was an acceptable requirement. Sorry if this sounds lame...but we have hardly to non participation/involvement.

PetunkaM (Florida)
Posts: 1,009

Posted:

Kitty, why don't you lower the quorum requirements? In Florida max is 30% (in person or by proxy) and it can be lower.

KittyJ1 (North Carolina)
Posts: 5

Posted:

Again thank you all for your help.

I need to continue to read and investigate, I can learn, but I feel ignorant to the understandings of the bylaws. I have been reviewing and trying to understand. I think if I understand it correctly every time we hold a meeting and there is no quorum requirement met, we can then adjourn and half or percentage the amount required for the quorum can be lowered?? sorry like I stated I don't fully understand it. But my community takes little or no interest unless there is an expense associated. Please understand this is by no means directed as a negative statement. If I am understanding this....possibly wrong.....but if it takes 51% as stated, could it be possible that all decisions, contractual commitments made prior may be null and void since we have never had 51%?

From the bylaws

51% of the home owners must be represented in order for the meeting to be held, otherwise it must be adjourned

PetunkaM (Florida)
Posts: 1,009

Posted:

Kitty,

we can help. Tomorrow we'll talk more.

KittyJ1 (North Carolina)
Posts: 5

Posted:

Ok thanks look forward to talking with you.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Our bylaws say that the Annual Meeting requires a quorum ONLY if amending the bylaws (which have the dues amount stated in them, so if they are raised, most everyone does show up, believe me)

Otherwise, ALL OTHER BUSINESS can be conducted, including elections.

So we hear reports, approve the financial report, elect officers - sometimes with as little as 30 voters (in an HOA of 250 homes)

Awful? Maybe. But the HOA MUST conduct business.

You have your formula for reducing the quorum requirement - so implement it.

Your business must get done. Apathetic people can not control your HOA.

Meet and have your meeting.

There's not a judge in the world that would not see your effort to get your quorum and your need to get things done at this meeting.

EllieD (Vermont)
Posts: 446

Posted:

KittyJ1,

Do your Bylaws allow for the use of a Proxy in place of attendance in person?

In order to establish Quorum - is there a phrase that reads something like “the members present in person or by proxy”

PetunkaM (Florida)
Posts: 1,009

Posted:

51% of the home owners must be represented in order for the meeting to be held, otherwise it must be adjourned

Kitty,
I assume these owners can be represented in person or by proxy. Even though, 51% quorum is hard to achieve in many associations. We had the same problem. This is why I suggested you amend your By-laws and lower the quorum requirements let’s say to 30%. Just to get a rough idea I would like to ask a few questions:

Are your By-laws recorded in the county official records where your HOA is located?
How many units in your development?
Approximately, what are you regular assessments/maintenance fees per unit per year?
How many BOD members do you have?
Are you incorporated?

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