HOA Meeting

Started by MikeD12 • 7 replies • 1605 views

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MikeD12 (Missouri)
Posts: 4

Posted:

We are a very small HOA in Missouri. Are Board of Directors is made up of three, President, Vice-president, and Secretary/ Treasure. The developer in the HOA is the President and has the majority of the votes right now. He gets 3 votes per undeveloped lot. We are unable to get him to hold a meeting. Can we hold a meeting without any Board members present, as long as we inform them that we are holding a meeting and tell them the date and time and send them a Proxy if they don't want to show up? How binding would what we decide be?

BrianB (California)
Posts: 2,820

Posted:

well, you can hold a get together of people, but it very likely wouldn't be a meeting of the HOA membership, and anything you did would very likely not be legal or enforceable. Even if you could manage a proper quorum of board members (two of the three), what business would they conduct? What's the agenda?

It sounds as if you want a membership meeting (ie, the use of proxies), but i doubt if you can get the required quorum for that, with the developer owning 3 votes to 1 of everyone else.

but, freedom of assembly is one of the constitutional rights all citizens have in our country. so, feel free to assemble and chat.

MikeD12 (Missouri)
Posts: 4

Posted:

What if we can't get the Board to call a meeting? It has been close to two yrs. since they have had a meeting and there is quite a few of us who are new me included and would like to have a meeting to see what we can and can't do. i have sent a list of what I would like to do to my property butto no avail.

RogerB (Colorado)
Posts: 5,067

Posted:

Mike, If the HOA is incorporated your state's statutes (and HOA's Bylaws) probably have requirements for holding an annual members meeting and requirements for notification of the meeting to all members. Check this out and notify the developer of the state's (and Bylaws) requirements and that you are looking forward to receiving the notice of the meeting, attending, and request for any you wish to have on the agenda.

MikeD12 (Missouri)
Posts: 4

Posted:

I have done this a few times but have gotten no responce.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By MikeD12 on 04/27/2012 7:50 AM
We are a very small HOA in Missouri. Are Board of Directors is made up of three, President, Vice-president, and Secretary/ Treasure. The developer in the HOA is the President and has the majority of the votes right now. He gets 3 votes per undeveloped lot. We are unable to get him to hold a meeting. Can we hold a meeting without any Board members present, as long as we inform them that we are holding a meeting and tell them the date and time and send them a Proxy if they don't want to show up? How binding would what we decide be?

Check your CC&R. Usually it states that a certain percentage of members can petition/vote to hold a special meeting.

Check your state requirements and CC&R regarding voting for board members. If directors need to be elected, states like California, have certain requirements that must be met AND a member can sue in small claims court for enforcement.

MikeD12 (Missouri)
Posts: 4

Posted:

If enough members choose to hold a special meeting how binding is the outcome of the meeting if no officers or board members show up?

JM10 (California)
Posts: 503

Posted:

I don't know Missouri law, but the in a recall election you don't need officers or board members to attend a special meeting in California, but you do need to have a certain number of members in attendance.

You need to check your CC&R as well as state codes. In California we have the Davis Stirling Act as well as corporation codes because a HOA is a non-profit business entity.

Not sure about Missouri, but your CC&R should be a start.

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