DennisR8 (New York)
Posts: 4
Posts: 4
Posted:
These are how the covenants read in regards to special assessments and the meeting to vote for it:
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Section 4. Special Assessments for Capital Improvements [abbreviated]
...the Association may levy in any assessment year a uniform special assessment...
..., provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, of which shall be sent to all Members at least thirty (30) days in advance, and which set forth the purpose of the meeting.
Section 6. Quorum for any Action Authorized Under Sections 4 and 5.
The quorum required for any action authorized by Sections 4 and 5 of this Article V shall be as follows: At the first meeting called, as provided in Sections 4 and 5 of this Article V, the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 and 5, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that such subsequent meeting shall not be held more than sixty (60) days following the preceding meeting.
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Here is the letter they sent to notify homeowners of the meeting to vote for assessment (abbreviated)
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...In case a quorum is not reached during our first vote on January 11th, we will hold addition meetings for subsequent voting until a quorum is reach. All meetings will held at the [...] meeting room on the following schedule:
January 19 at 8 pm January 27 at 8 pm February 3 at 8 pm
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So, here's the issue/question:
The letter they sent did come by mail at least 30 days prior to the first meeting. But, note that it mentions dates for subsequent meetings should a quorum not be reached at a meeting. Three meetings have passed with no quorum reached; each time the board sent out only an email one or two days prior to the subsequent meeting saying that the quorum was not reached, and that the next meeting would be held. Can they do that? Section 6 reads "If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 and 5". So,shouldn't they give another 30 day written notice for subsequent meetings?
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Section 4. Special Assessments for Capital Improvements [abbreviated]
...the Association may levy in any assessment year a uniform special assessment...
..., provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, of which shall be sent to all Members at least thirty (30) days in advance, and which set forth the purpose of the meeting.
Section 6. Quorum for any Action Authorized Under Sections 4 and 5.
The quorum required for any action authorized by Sections 4 and 5 of this Article V shall be as follows: At the first meeting called, as provided in Sections 4 and 5 of this Article V, the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 and 5, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that such subsequent meeting shall not be held more than sixty (60) days following the preceding meeting.
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Here is the letter they sent to notify homeowners of the meeting to vote for assessment (abbreviated)
---------
...In case a quorum is not reached during our first vote on January 11th, we will hold addition meetings for subsequent voting until a quorum is reach. All meetings will held at the [...] meeting room on the following schedule:
January 19 at 8 pm January 27 at 8 pm February 3 at 8 pm
---------
So, here's the issue/question:
The letter they sent did come by mail at least 30 days prior to the first meeting. But, note that it mentions dates for subsequent meetings should a quorum not be reached at a meeting. Three meetings have passed with no quorum reached; each time the board sent out only an email one or two days prior to the subsequent meeting saying that the quorum was not reached, and that the next meeting would be held. Can they do that? Section 6 reads "If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Sections 4 and 5". So,shouldn't they give another 30 day written notice for subsequent meetings?