refusing to sign in for the annual meeting

Started by BonnieG1 • 10 replies • 1585 views

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BonnieG1 (Nebraska)
Posts: 1,186

Posted:

We had our annual meeting last evening. Our CCO (Chief Complaining Officer) absolutely refused to sign in. I did tell her we needed signatures to establish we had a quoram present to conduct the annual meeting. She still refused to sign in. She said she wasn't going to stay. I told her that didn't make a difference in establishing a quoram. Our documents just state we need 51% present at the start of the meeting regardless of who leaves.
How should we have handled that. Not count her present. Don't give her a ballot for voting???. We did have a quoram even with out her signature, but we did count her as present. I didn't quite know what to do as this took me by complete surprise.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

do your documents require signing in ?

or did y'all invent the requirement ?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bonnie

Signing in should not be a requirement to attend the annual, or any meeting. The only reason for signing in is to establish if there is a quorum for voting reasons. I say she was well within her right not to sign in but to attend the meeting.

Usually it is announced at the meeting if there is a quorum (actual people, proxies, whatever, etc.) and if no quorum exists then items requiring a quorum cannot be voted on, but non-quorum business can be conducted.

Prior to announcing if there is a quorum, the Registrar(s) could announce "last call for voter registration". Then later the Registrar(s) could announce registration is closed and announce if a quorum is or is not present. If a quorum exists then voting could commence and anyone not registered could not vote.

She might well have done a quick head count and thought, no quorum here so they cannot vote. Bye, we will "tangle" another day.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By JohnC46 on 02/17/2012 4:09 PM
Bonnie

Signing in should not be a requirement to attend the annual, or any meeting. The only reason for signing in is to establish if there is a quorum for voting reasons. I say she was well within her right not to sign in but to attend the meeting.

Usually it is announced at the meeting if there is a quorum (actual people, proxies, whatever, etc.) and if no quorum exists then items requiring a quorum cannot be voted on, but non-quorum business can be conducted.

Prior to announcing if there is a quorum, the Registrar(s) could announce "last call for voter registration". Then later the Registrar(s) could announce registration is closed and announce if a quorum is or is not present. If a quorum exists then voting could commence and anyone not registered could not vote.

She might well have done a quick head count and thought, no quorum here so they cannot vote. Bye, we will "tangle" another day.

I am certain it was not that she did a quick head count. When she came most of the members were already there. SInce by NE state law we have to go by percentages to establish a quorum her signature would have been appreciated. But since we have the percentage assigned to her unit on the voting register, we did count her as present and included her to establish a quorum. I will have to study our documents to see if a person is actually required to sign in. Thanks for your response.

RogerB (Colorado)
Posts: 5,067

Posted:

Bonnie, if you are incorporated I suggest you check the state's Non Profit Act for the requirements for annual meetings.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By RogerB on 02/17/2012 6:39 PM
Bonnie, if you are incorporated I suggest you check the state's Non Profit Act for the requirements for annual meetings.

Thanks, I will do this. Right now I am relaxing after doing much work preparing for the annual meeting But that is definitely something I plan to do.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A few letters can make all the differences in the world....most HOA's, etc. are NOT for profit....they are not NON profit.

Be careful where you step.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By JohnC46 on 02/18/2012 6:14 PM
A few letters can make all the differences in the world....most HOA's, etc. are NOT for profit....they are not NON profit.

Be careful where you step.

What is the difference? It looks like they mean the same thing to me.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bonnie

Mainly an IRS thing with deductions, carry forward monies, etc. Ask your CPA.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JohnC46 on 02/18/2012 6:14 PM
A few letters can make all the differences in the world....most HOA's, etc. are NOT for profit....they are not NON profit.

Be careful where you step.

In Connecticut we are called a "non-stock" corporation.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Bonnie:

Check your Articles of Incorporation to determine for sure how the association has been set up.

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