Pres.,wants meeting w/o doing assoc.,business

Started by HankV • 5 replies • 1051 views

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HankV (Florida)
Posts: 29

Posted:

I am on the board as a director.
We have the annual meeting coming up Wed.,..
The following was sent out today.
I have some concern as to taking this course of action.
We will have a quorum at the meeting.
Comments please

For anyone residing in the park that has not turned in their voting results as of this date, it is imperative to do so. The needed count for a quorum is 255, which has not been reached. The President has requested a notice be posted Monday March 12 to indicate an extension to the annual meeting. Also due to confusion as per the amendments, this extension should enable additional opportunity to cast one's votes. The Annual Meeting will still commence at 7:00 pm, March 14, however, Association business will not take place.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Hank:

Unless there is a statement in your Articles of Incorporation or Bylaws allowing then it is not potentially allowed under the State statutes. You did not say what section of the statutes your association falls under, but the following is stated in the HOA statutes and potentially other sections (Condo, Mobile Home Park Tenancies, etc.) will be similar. To check the exact section we will need to know what type association.

720.306 Meetings of members; voting and election procedures; amendments.—

(1) QUORUM; AMENDMENTS.—

(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

This requires voting interest present, in person or by proxy, AT A MEETING at which quorum has been attained for any decisions that require a vote of members.

JayP3 (Florida)
Posts: 154

Posted:

The use of the term 'park' leads me to believe it is not an HOA subject to FL720.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Jay:

It would potentially depend if it is a “Real Property Mobile Home Park” or “Mobile Home Park Tenancy”. One is where owners likely own the land vs. renting/leasing the land space.

The first is subject only to Chapter 720 and the latter to primarily Chapter 723, but also items in 720.

I saw park but did not want to assume which type.

BradP (Kansas)
Posts: 2,640

Posted:

Isn't the annual meeting a member's meeting, there wouldn't be association business conducted then unless you adjorn that meeting and convene a board meeting directly after

SusanW1 (Michigan)
Posts: 5,202

Posted:

They may be planning to call the 14th meeting to order, then immediately adjourn to a later date. Sounds like they are trying to manipulate an election or motion.

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