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TenorD (New York)
Posts: 3
Posted:
Hi Everyone,

First post here, but this is a biggie:

We recently had our annual HOA meeting in which there was not a quorum. The members were advised that as per our by-laws, members have the power to adjourn the meeting. They declined to adjourn the meeting.

Now, all of a sudden, we get a petition saying that the meeting was invalid because we did not have a quorum and the members want another meeting. Mind you, 2/3 of the signatures were from people who never bothered to attend.

I made the decision not to be on the board again this year because I plan on moving shortly and I'm just tired in general. What are my options? Am I still obligated to meet with these people? I'd prefer not to.

Do they have the right to remove me even though my term has ended? Will the new board members have to be re-elected?

My by-laws state: If, however, such quorum shall not be present.....the Members entitled to vote thereat....shall have the power to adjourn the meeting.

Thanks in advance.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tenor,

Typically, regardless of expiration of term, the board member continues to serve until a replacement is elected/appointed or they resign. Therefore, if you don't want to continue on the Board simply submit your written resignation.

The letter was correct in specifying that without a quorum, no business may be conducted at the meeting. If this occurs and the membership didn't want to adjourn and reconvene at a later time in hopes of achieving a quorum (and that sounds like what happened) the Board still has the authority to call a general membership meeting at any time (providing proper notice is provided).

Again, if you don't want to attend the meeting, then don't.
If you don't want to continue to serve, submit your resignation.

TenorD (New York)
Posts: 3
Posted:
Thanks Tim,

Looks like I have to submit my resignation letter.

So, to be clear, even the ballots submitted for the election are now invalid?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Depends on what the language is in your governing documents.
Typically, the ballots would become invalid. Proxies, depending on the language, may or may not become invalid.
MikeR15 (Massachusetts)
Posts: 389
Posted:
Tener,

No body goes to the HOA meetings in my HOA either.

We don't go BECAUSE we want to deny them a quorem.

The meetings are not subject to any Open Meeting Laws, and as such they are a joke.

The Board conspires before the meeting to accomplish something and the meeting are just a Kubuki play to do this.

Our ONLY recourse is to not show up.

And we DON"T

And it seems this is common across the country.

Meetings (in the absence of any law that would prevent it) are a complete waste of homeowners time
TenorD (New York)
Posts: 3
Posted:
Thanks for the responses. I've decided to resign.

GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MikeR15 on 07/16/2013 6:23 AM
We don't go BECAUSE we want to deny them a quorem.

Makes perfect sense in a Kafkaesque way, no quorum - no vote. No vote - no election, no election - no new members on the Board. No new members on the Board - perfect excuse to whine about the same cabal running the place.


Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GlenL on 07/16/2013 11:36 PM
Posted By MikeR15 on 07/16/2013 6:23 AM
We don't go BECAUSE we want to deny them a quorem.


Makes perfect sense in a Kafkaesque way, no quorum - no vote. No vote - no election, no election - no new members on the Board. No new members on the Board - perfect excuse to whine about the same cabal running the place.


Good point.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By MikeR15 on 07/16/2013 6:23 AM
Tener,

No body goes to the HOA meetings in my HOA either.

We don't go BECAUSE we want to deny them a quorem.

The meetings are not subject to any Open Meeting Laws, and as such they are a joke.

The Board conspires before the meeting to accomplish something and the meeting are just a Kubuki play to do this.

Our ONLY recourse is to not show up.

And we DON"T

And it seems this is common across the country.

Meetings (in the absence of any law that would prevent it) are a complete waste of homeowners time

Mike,
Your attitude is expressed loud and clear; but your thinking is cloudy.
By not going to HOA meetings you are denying yourself the opportunity to be heard and to try to improve your HOA.

With regards to your comments:
1. Your absence will not deny a quorum; but it could delay the meeting to a later date where less representation is required. (This would give those conspiring even greater control)
2. Meeting are subject to open meeting requirements if your HOA is incorporated (also your Bylaws should require it)
3. If the Board conspires in a inproper manor the members have a means by which to replace those Board members involved.
4. Your best recourse is to quit commplaining and provide constructive solutions.

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