What Procedure to Follow For Voting

Started by PH • 7 replies • 1273 views

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PH (Delaware)
Posts: 32

Posted:

Hi all

Again I am asking for help. Tried to find out thru searching the Dept. of State filings with no avail.
The CC+Rs do not cover how the board must be voted in or out and there are no by-laws for this HOA.

My question how does anyone know the proper procedure for member voting, conduct, overall duties. I am really just looking for BOD voting procedures right now.

Is there any law that would cover this. I am dealing with a GA BOD and the HOA was INC. before the POA act which came in around 1994. The POA was not opted in by this HOA. What policy would we use for proper voting procedures.

Thanks in Advance

JohnB26 (South Carolina)
Posts: 1,569

Posted:

GA non-profit corporate law

check with the GA secretary of state to make sure the HOA actually is incorporated

JohnB26 (South Carolina)
Posts: 1,569

Posted:

https://corp.sos.state.ga.us/corp/soskb/entityinfoedit.asp?dtm=559722222222222

PH (Delaware)
Posts: 32

Posted:

Yep..I did verify they are Inc.
I am searching the GA code now and it is massive. I guess my answer to the voting question is we use the GA code if there are no by-laws or the CC+Rs do not address these questions.

There was a paragraph in the very first filing that addressed the BOD voting but that was not included in the CC+Rs when the developer turned control over to the community.

Is there an issue here?

TimB4 (Tennessee)
Posts: 21,061

Posted:

PH,

Based on your question, I thought it would be a good idea to provide some basics in what each governing document typically contains:

The PLAT - Defines each owners property and easements
The CC&Rs - are the deed restrictions and typically identifies what can and can not be done on the property, establishes the Association, specifies responsibilities and authority of the Association and establishes the fact that assessments are mandatory or voluntary.
the Article of Incorporation - Incorporates the Association (which provides certain advantages), typically establishes the board and defines the purpose and authority of the Association (this also typically needs to comply with any requirements in the States Corporation Code).
The Bylaws - Establishes the procedures the corporation to use. Basically they are the rules on how the Association is to be managed and administered. Bylaws are typically based on the States Corporate laws and HOA/COA laws. There may be specifics within those laws that must be included within the Bylaws.
Resolutions - Formalized decisions or policies adopted by the Board. Typically include additional rules/regulations for the common areas and establish architectural guidelines. Resolutions may be adopted, amended or abolished by the Board of Directors.

If there is a question on procedures and your governing documents are silent, you should typically refer to the applicable corporate law (usually the States non-profit corporation act).

Hope this helps.

Tim

PH (Delaware)
Posts: 32

Posted:

Thank You Tim

Yes every bit of info helps. I have come across most of these. The HOA has NOTHING but the CC+Rs. I searched for by-laws but there are none. Now I am going thru GA code because that will be how we must conduct business until such time by-laws are adopted or we opt in to the POA act.

Unfortunately the CEO and VP have no interest in legality unless it helps their cause. They think they are their own gvt. and write their rules as they go. Oh yeah and they say as far as legality goes "As long as the grass is cut no one can sue them for anything!" I could not make that up.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PH on 10/15/2012 12:39 PM
Oh yeah and they say as far as legality goes "As long as the grass is cut no one can sue them for anything!"

Wrong! Wrong! Wrong!

As any lawyer will tell you, one can be sued any time by anybody over anything. Whether or not one can win a lawsuit is another matter. As for the person who said no one can sue them, if they're not doing anything to make it more difficult for the other side to win, they are in the most danger of losing.

No one has a crystal ball. Better safe than sorry, as they say.

PH (Delaware)
Posts: 32

Posted:

Bruce
The Pres. made that statement if you can believe it. Now you know what I am dealing with. I am ready to put my home up for sale and bale before these power dazed dictators get a bigger hold on the community.
I can sell, because I am wondering if all this is worth my health and sanity.

BTW I lived in CT for many years, Hartford area.

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