MaureenM1 (PA)
Posts: 344
Posts: 344
Posted:
I live in PA and am the President of an HOA Assocation with 40 homes. We had our annual meeting this week there were 5 homeowners and 1 investor who owns 12 homes.
The investor who is an attorney made a motion from the floor regarding a gate vote and all in the audience approved. The motion was that the Board would have no input in the vote on whether or not our development would replace the gates that have never been operational only the homeowners (all five members of the board are homeowners). One of the board members asked that he reword his motion to in "conjuntion" with the board and he said he would not.
I told him and the homeowners that we would need to consult with our attorney as our board was told that the Board had the authority to make this decision and as to whether or not this motion is valid.
The investor then went on to say that he could amend the bylaws right at that meeting but was playing nice!!! Our PM stepped in and told him could not amend bylaws becuase our bylaws need 68 percent of the vote of the association and on some votes need 100 percent. Did he think that if he had 68 percent of the vote at the meeting he could change the bylaws???
The next day we consulted our attorney and am awaiting his answer. Any advice in the meantime would be appreciated.
thanks,
Maureen
The investor who is an attorney made a motion from the floor regarding a gate vote and all in the audience approved. The motion was that the Board would have no input in the vote on whether or not our development would replace the gates that have never been operational only the homeowners (all five members of the board are homeowners). One of the board members asked that he reword his motion to in "conjuntion" with the board and he said he would not.
I told him and the homeowners that we would need to consult with our attorney as our board was told that the Board had the authority to make this decision and as to whether or not this motion is valid.
The investor then went on to say that he could amend the bylaws right at that meeting but was playing nice!!! Our PM stepped in and told him could not amend bylaws becuase our bylaws need 68 percent of the vote of the association and on some votes need 100 percent. Did he think that if he had 68 percent of the vote at the meeting he could change the bylaws???
The next day we consulted our attorney and am awaiting his answer. Any advice in the meantime would be appreciated.
thanks,
Maureen