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MikeB10 (Maryland)
Posts: 5
Posted:
I'd like to get an opinion or two on something that happened at our most recent HOA annual meeting. Here's the scenario: I am currently a board member and had intentions of running again but I knew that a conflicting appointment was going to make me ten minutes late for the annual meeting. Our management company told me that it was unlikely we'd have a quorum and we'd likely have to hold a recall meeting anyway. After I got out of my first appointment I texted another board member and asked her if we had a quorum and if I needed to hurry. She told me to hurry, that even though we didn't have a quorum the board was about to adjourn the annual meeting and reconvene immediately in the recall meeting, thus making the members on hand a quorum.

Is this an acceptable procedure? Is it even legal? Even if it is legal, I find it a manipulation of the rules simply for convenience sake so some people don't have to come back out for a second meeting (meaning board members and management rep). Has anyone else run an annual/recall meeting in this manner?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

I'm of the expectation that your Association has language that permits a lower quorum requirement at a second meeting if the first meeting failed to achieve a quorum.

Typically, when this happens, you still must comply with notice requirements for the second meeting. What is the language in your documents about notices and quorum requirements?

It may just be a gross mus-interpretation of the rules rather than an intentional attempt to ignore them.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Please explain how an annual meeting got adjourned and morphed into a recall meeting?

These are two separate meetings. How can they be linked together?

Hard to imagine a recall meeting not having a quorum. That's a pretty hot topic.
MikeB10 (Maryland)
Posts: 5
Posted:
Our documents state that if there is no quorum at the annual meeting whatever number of residents are represented in person and by proxy at the recall meeting constitutes a quorum. Which is standard for most HOAs, at least in our area. That's not the part I have a problem with. I have a problem with the board, under advisement of the management company, calling the recall meeting immediately after declaring there was no quorum for the actual annual meeting. It was a procedural manipulation, allowing them to have both meetings on the same night and foregoing having to come back out for another meeting. Even if our docs don't disallow it (which I've yet to research), it seems a disservice to the members of the association to me. It was done for the convenience of the management company and the board, not for what was in the best interest of the residents.
EllieD (Vermont)
Posts: 446
Posted:
MikeB,

How are you using the word “recall” as in “recall meeting” - vs. "Annual Meeting"? In other words, what do you mean by a “recall meeting”?

What kind of a meeting is the "Recall Meeting" you referring to? To accomplish what?
JeanneK3 (Maryland)
Posts: 562
Posted:
Mike:
I believe your board and manager ignored both Maryland law and probably your own documents. The date and place of the second meeting must be announced to everyone so homeowners can plan to be there. And yes, whoever attends the second meeting will constitute a quorum.
Jeanne
SusanW1 (Michigan)
Posts: 5,202
Posted:
I don't think this use of 'recall" is what we usually understand it to be. I don't think it was a meeting to recall the board (remove them from office)

I think he means it was a re-adjourned meeting that came immediately after an inquorate meeting.

Is that correct, Mike?
MikeB10 (Maryland)
Posts: 5
Posted:
Quote:
Posted By SusanW1 on 04/13/2012 1:39 PM
I don't think this use of 'recall" is what we usually understand it to be. I don't think it was a meeting to recall the board (remove them from office)

I think he means it was a re-adjourned meeting that came immediately after an inquorate meeting.

Is that correct, Mike?

This is correct. In our area, the meeting that follows an annual meeting that failed to achieve a quorum is referred to as a recall meeting. Sorry for the confusion. I have a friend in Florida who has been an HOA board member for years and they refer to them the same way, so I mistakenly assumed the term was universal.
GlenL (Ohio)
Posts: 5,491
Posted:
This is correct. In our area, the meeting that follows an annual meeting that failed to achieve a quorum is referred to as a recall meeting. Sorry for the confusion. I have a friend in Florida who has been an HOA board member for years and they refer to them the same way, so I mistakenly assumed the term was universal.

Must be a regional thing like pop vs. soda but generally a recall meeting here refers to a Special Meeting used to recall or remove either an individual member or the entire Board.

Studies show that 5 out of 4 people have problems with fractions

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