Annual Meeting Cancellation

Started by AliceM1 • 6 replies • 2014 views

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AliceM1 (Arizona)
Posts: 3

Posted:

Our HOA board cancelled our annual meeting without explanation in the letter. In addition, the MC stated that the HOA Board had 180 days to reschedule. However, I cannot find this information in our governing documents nor in the A.R.S.

Thanks from AZ

TimB4 (Tennessee)
Posts: 21,061

Posted:

Did you ask the MC under what document or statute the 180 days time frame was specified?

AliceM1 (Arizona)
Posts: 3

Posted:

Yes, still waiting for an answer. Thanks for your reply.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By AliceM1 on 02/15/2013 1:46 PM
Our HOA board cancelled our annual meeting without explanation in the letter. In addition, the MC stated that the HOA Board had 180 days to reschedule. However, I cannot find this information in our governing documents nor in the A.R.S.

Thanks from AZ

Alice,

ARS 10-3701 et seq governs members’ meetings of non-profit corporations. ARS 10-3701 also specifies that if there is a conflict in provisions, ARS 33-1201 et seq will be the controlling statutes for condos and ARS 33-1801 et seq will be the controlling statutes for planned communities.

I am unaware of any statute that allows the board to cancel the annual meeting nor am I aware of any statute that allows the board to reschedule a meeting within 180 days.

Is your association still under the control of the developer?

AliceM1 (Arizona)
Posts: 3

Posted:

No, we are not under control of the developer. Turned over to us in 1998.

Thanks for your reply.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Alice

Look up AZ 10-3703 and what follows it. Some interesting points such as:

Court ordered meetings

A. The court in the county where a corporation's principal office is located, or if the corporation has no principal office in this state, the court in the county where the corporation's known place of business is located, may summarily order a meeting to be held on application by any of the following:

1. Any member, if an annual meeting was not held within fifteen months after its last annual meeting.

2. Any member, if a regular meeting is not held within forty days after the date it was required to be held.

I think the a above might make reconsider the new date.

Hope this helps.

CarolR11 (Colorado)
Posts: 2,563

Posted:

While you're at it, Alice, request a copy of your HOA's contract with your MC. Ours states that the manager may NOT follow any directions from the Board that opposes state law or your governing docs. If it turns out that you must reschedule within 90 days, for example, you & other can pressure mgmt. to comply with state law.

Do you think, Alice, that the current Board is afraid its incumbents who're seeking reelection will lose? Or, what's your theory?

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