Straw Polls and Closed Meetings...

So... in an election, finally (after years of not having a full quorum), we finally had six members to run for the six seats, not just the three that alternated. So we believed we elected six members. The Association Attorney (oily guy) defended that saying that straw polls kept the three un-elected/unre-elected members (that our bylaws stated were only to serve until a legitimate election replaced them )held over legitimate polls.
He also said a member who was not on his deed and should not have sat on the board corrected that (quit claim deed in mid-term) and therefore had made himself legal while declaring others in said same positions disqualified.
He then demanded I give evidence to him of any wrongdoing.(Fishing.)
The result for me is that I am totally wrung out. Out-lawyered and yelled at for ever questioning them. Also, the new policy of the Board is now to discuss everything in private, behind locked doors, not disclosing agendas at all to any of the members, only a short session monthly for q and a sessions about their personal properties.

What do you think?

How many directors do your bylaws say you should have, Roberta? Do your bylaws say ANYTHING about straw polls??

Does MI law or your bylaws say that board meetings must be open to homeowners?

I'll try these other earlier questions again: "How many directors do your bylaws say you should have, Roberta?"

"Does MI law or your bylaws say that board meetings must be open to homeowners?"

And a new one: Did Homeowners actually turn in ballots and vote at your annual meeting ("election")?

It's hard for me to understand what you wrote and maybe for others, too, which could explain why you're not getting other responses.

Michigan does not have an HOA statute.
It does have a condominium statute.

However, if your Association is incorporated as a nonprofit (most are, but check to be sure), then the Michigan NONPROFIT CORPORATION ACT would apply. Here is a link to that act:

http://www.legislature.mi.gov/(S(hw0jjjiziknazx5tpd3aw32f))/mileg.aspx?page=getObject&objectName=mcl-Act-162-of-1982

Hello and Thank you again for your contribution to my questions.

Re: " Message Topic: RE: Straw Polls and Closed Meetings...
Posted By: KerryL1

Roberta wrote: "No one at this election -other than the three- that ran and the other three that stood up and also ran with them at this election -were elected by a quorum."

Are you saying, Roberta, that there wasn't a quorum of voters? What % of owners is needed to make quorum in your HOA, Roberta? This usually is in the bylaws and MIGHT say, for instance, that 25% of all Owners must vote to establish a quorum.

Is it possible that you have the words "majority" and "quorum" confused?

Can you cite the exact quote from your bylaws that says you have six "alternating" directors and one "permanent" director? I've never heard of a "permanent" director and so I and probably others reading your post don't know what it means. Does it possibly mean that one person who is that "permanent" director is a director for as long as s/he wants?

I'm not at all trying to be picky, but all HOAs' bylaws are different and we can't guess what yours might say. I'm trying understand your HOA.

Just curious: what size is your HOA? Is it detached homes, or condos, or what? "

Our HOA includes 230 homes, 88 villas, and 210 apartments (apartments get 1/2 vote for each apt.). We share commons areas, grounds, two pools, clubhouse, and tennis courts, and ponds.

An election quorum for our HOA is 1/10th of all three bodies of the HOA in attendance or by proxy. The three bodies include, homes, villas (townhomes with zero-lot-line properties), and apartments. The apartments appoint at their discretion, a representative and that seat is permanent for them to appoint and hold. The other six seats are held by at least one villa member and at least one home member, but the six seats alternate in election years and hold for periods of two years before needing to be re-elected.

When it was first incorporated, it elected six Board members from the villas and homes and assigned the top votes to two year terms and the bottom three vote winners to initially a one year term, thereafter to become two year terms.

Three Board directors had no quorum in 2016 and were, according to our understanding, only supposed to serve until a quorum election replaced them or reinstated them. Those three did not place their names on the ballot this 2017 election. However, six people ran in the 2017 election, all received nominations and votes and their was a full quorum for the first time in many years.

I have looked at the bylaws and it says nothing about straw polls, only that lacking an election with a full quorum, the meeting and election should adjourn and try again from time to time until it is achieved.

Our bylaws seem vague on what must be public other than annual election meetings. However in our history, the monthly meetings (aside from individuals in arrears on dues) were always public. Now, since the election and our challenge, they are held behind locked doors.

The apartments are owned by a separate company who runs them and pays dues for the commons, pools, clubhouse, snow removal, etc.

It is very convoluted. The majority of the Board is corrrupt and unwelcoming and power hungry and rude. They have been bullies to anyone not on the Board. And the illegallly seated ones refuse to leave. And who can afford a lengthy and expensive lawsuit? The community not as involved as they should/could be, making it hard to change things for the better.

We are strongly considering selling our home and never being part of an HOA again. We love communities that work together, cooperate and enjoy their neighborhoods. We have seen some smaller HOAs in Colorado that work fine. But this one is dysfunctional. We are very weary.

Again, everyone's help here is very much appreciated!Thank you!

Potentially that could be because Colorado has CCIOA (Colorado Common Interest Ownership Act) which regulates HOA's and is based on the Uniform Common Interest Ownership Act that tries to get all our many States on the same page regarding statutes.

Unfortunately because your State does not have HOA statutes most of your answers are going to be found in your governing documents and which unlike State Statutes we cannot see.