Calling of Special Meetings

Our Bylaws allow the President or Board of Directors to call special meetings but when it come to letting the membership call special meetings (i.e. recall Board members), it requires a concurrence of 75% of the neighborhood! This seems extremely high. What is the normal percentage for most HOA's in a situation like this?

Ours is "one-tenth (1/10) of all votes of the Membership." I guess that means 10% of the homeowners.

The applicable law in your state may define a requirement. In Michigan, for example, the circuit court has to authority to order a special members' meeting upon petition of 10% of the members. This provides an incentive for the board to respond to a petition of 10% of the members.

Many POAs have poor attendance and interest making it difficult to obtain 10%, particularly in vacation and resort associations in which many of the homes are second homes or vacation homes or vacant lots. To give consideration of these factors, I recommend the following language for POA legislation and/or bylaws: "valid signatures for special members' meeting — the greater of 5% of all members or 17% of the average number of valid ballots in last three elections for the board of trustees, but not more that 10% of all members". This language is crafted to address changing conditions and growth in a POA.

No, the direct quote is, "Special meeting of the members may be called by the President, Board of Directors, or 75 percent of the members on ten (10) days notice, stating the purpose of the meeting."

This has been in our Bylaws forever and there are no plans to change it. Guess it's a great way to preclude any chance for a recall. We have 263 homes so do the math. They would have to do something really stupid to get the required number of people mad at them. The Board also has the option to change the Bylaws without any input from the neighborhood. Hasn't been an issue in the past but the ones on the Board now are much more brazen!

The fun really starts at our annual meeting next Saturday. The Board is seeking proxies to "vote on other matters that may come before the annual meeting." Any current rule they don't like gets ignored and they just continue to make up new ones as they go along! We have 4 Board positions to fill so I won't be surprised if I come in 5th place. Can't have anyone on the Board that questions their authority, can we?

Ours is 10% for a alternate budget or recall and 20% to address an item of business. fl State law concurs with this
Greg

Josh, you might want to check your state's corporation statutes if your HOA is incorporated. If they state a lower percentage than your HOA By-laws. State statutes would apply not your By-laws. Some items in By-laws reiterate state corporation statutes, but yours may be different.