Validity of Election

Started by JoeS8 • 9 replies • 1386 views

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JoeS8 (Pennsylvania)
Posts: 4

Posted:

Our property manager and the current board (all still the declarant) did not follow the procedure spelled out in the Public Offering Statement for the first transitional election of Board Members. Spefically they. did not follow the very clearly spelled out nomination and acceptance of nomination process. Would this election be considered valid.

Secondly, if what constitutes a quorom is not spelled out what is the normal definition of what makes up a quorom. My understanding is at least a majority. However, the current board is stating 20% even though that is not spelled out in the POS.

RogerB (Colorado)
Posts: 5,067

Posted:

Joe, The election may or may not be valid depending on the By-laws. The By-laws should define a quorum (often 20%). The By-laws may allow the Developer's Board to resign and appoint Board members to replace them. The PM should not advise the Board on proper procedures but it is the Board's responsibilty to provide proper conduct. BTW there are many things to do during a transition which I consider more important than the election.

JoeS8 (Pennsylvania)
Posts: 4

Posted:

My concern/issue is that the bylaws do not identify a quorom. What happens then? Additionally, the point I am trying to make is that the bylaws are clearly not being followed. How can an election be valid if it is not held in accordance with the bylaws.

BradD2 (Florida)
Posts: 418

Posted:

Joe, it depends up on the state. Which one?

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By JoeS8 on 04/24/2007 1:27 PM
My concern/issue is that the bylaws do not identify a quorom. What happens then? Additionally, the point I am trying to make is that the bylaws are clearly not being followed. How can an election be valid if it is not held in accordance with the bylaws.

Q1 - Amend the By-laws to define a quorum needed to hold meetings.
Q2 - It is valid if no objection is made which can cause the meeting to be considered not to be valid.

What is your basis for asking these questions? I sense there is something underlying these questions that bothers you. Did you not get elected or did something occurred at the meeting which causes you (and others) to want to hold another meeting?

JoeS8 (Pennsylvania)
Posts: 4

Posted:

This is is PA. The meeting has not been held yet. The underlying concerns are several. One is because the Board at this time is still completely held by the declarant. The property manager is acting and being allowed to act as an authority rather than simply an administrator. The property manager is making assumptions based on the bylaws of other communities she is familiar and has several times been completely incorrect as to what our bylaws say.

Additionally, people are being denied applicatitions to do certain projects in a very inconsistant and arbitrary manner. A group of homeowner's are trying to take a stance that the bylaws need to be inforced/followed by all. Or at least if the property manager is going to try to hold certain homeowners respsonsbile then she(they) at a very minium have to follow the correct procedure in holding the election meeting.

We have additionally come to find out the a very simple and straightforward nomination process for those running for the board has not been followed. Members are also being told that write-ins will be allowed at the election meeting when in fact the bylaws do not allow this.

Several homeowners are simply looking for the process to be restarted and done correctly and the election meeting to be rescheduled pursuant to the bylaws.

RogerB (Colorado)
Posts: 5,067

Posted:

Joe, why not write a letter to the Board, signed by those homeowners, requesting they conduct business according to the By-laws or else further actions will be taken (such as complaining to the State Attorney General). Also, you can express the problems which the homeowners have with the PA and suggest the Board discuss these with the PA or consider a replacement.

Basically the homeowners are at the mercy of the Developer so long as they are in control. They will have whatever Board and MC they chose. There will be little you can do except express your opinions and make requests.

RogerB (Colorado)
Posts: 5,067

Posted:

Correction PM not PA.

JoeS8 (Pennsylvania)
Posts: 4

Posted:

Does anyone else have any thoughts on this. Would like to get some more opinions.

MikeM8 (North Carolina)
Posts: 13

Posted:

If your HOA has been incorporated as a non-profit, there you may find some help in those statues.

Here in North Carolina, we have a very extensive Planed Community Act and if the hoa is incorporated as a Non-Profit, we have extensive Non-profit Statutes. Between the two of those, we have found many answers to the vague writing in our CCR’s & By-laws.

Hope this helps

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