A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Annual Meeting

Started by JillS8 • 13 replies • 893 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JillS8 (California)
Posts: 101
Posted:
We are scheduled for our Annual meeting and Election. We received our agenda and nowhere does it mention the election, ballots or anything to do with voting. Can the election go on? Last month we did receive our ballots in the mail but that's it.
RichardP13 (California)
Posts: 3,868
Posted:
I mailed out a ballot package last week to an association and will send out one to another association tomorrow.

Along with the ballots and voting instructions, I will sent out a Notice of Election. It will include:

1. The date of the mailing
2. Opening and closing of the polls
2. Place of the meeting
4. The purpose of the meeting
5. What the quorum requirements are
6. Who the inspector(s)are and the roles in the election
7. Voting requirements
8. Ballots-when and how they have to be received.
9. List of candidates on the ballot.

Who sent the ballots out, and was their a date set on the meeting to count the ballots.

The agenda you received was it for a member meeting or a board meeting.

It is not uncommon to hold a board meeting on the same day, just prior to the annual meeting.
KerryL1 (California)
Posts: 14,550
Posted:
When is your annual meeting, Jill?

When ballots were sent to Owners, were there NO other materials in the envelope? Put another way, HOW do owners know what to do with their ballots?

We pretty much the same materials that Richard sends out.

With Richard, are you sure the agenda you received was for the annual (members) meeting??
JillS8 (California)
Posts: 101
Posted:
First the management company forgot to do our meeting in October. They rescheduled for Jan., ( small association and we only meet quarterly) so we did get the ballot packet with the date of our January meeting for voting along with ballot instructions and envelopes. We just got the agenda for our January meeting and it does not mention anything about voting or ballots. I happen to be a board member now so I also received the board packet and there is no mention of our annual meeting or voting. I think another management company mistake but want to make sure. Are we allowed to hold the vote during the meeting?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jill

I for one am confused. Is the meeting a BOD Meeting or an Annual Meeting? In order to have an election for BOD Members there will have to be a Quorum of members (Quorum amount established in your Bylaws). If no Quorum, then no BOD election allowed.

I do suppose a BOD Election could be had without it being the Annual Meeting but that is not common procedure.
JillS8 (California)
Posts: 101
Posted:
Sorry for the confusion I will try to clarify.

Oct. 2017 should have been our annual meeting/ election but management company forgot since our management rep changed.
So we will hold in January meeting which will be our Annual/ voting.
Dec all owners get ballot in mail saying that January meeting we will have Annual/election. All instructions came with ballots to mail in or bring to January meeting.
I just got our January agenda that was also sent to all owners but there is no mention of voting or ballots and it has our previous meetings minutes from October with nothing mentioned about the vote.
Can there be an election without it listed on agenda.? Can the ballots be counted.? Meeting is this week
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JillS8 on 01/28/2018 12:31 PM
First the management company forgot to do our meeting in October. They rescheduled for Jan., ( small association and we only meet quarterly) so we did get the ballot packet with the date of our January meeting for voting along with ballot instructions and envelopes. We just got the agenda for our January meeting and it does not mention anything about voting or ballots. I happen to be a board member now so I also received the board packet and there is no mention of our annual meeting or voting. I think another management company mistake but want to make sure. Are we allowed to hold the vote during the meeting?

The counting can be done at the meeting as long as quorum is met.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JillS8 on 01/28/2018 2:31 PM
Sorry for the confusion I will try to clarify.

Oct. 2017 should have been our annual meeting/ election but management company forgot since our management rep changed.
So we will hold in January meeting which will be our Annual/ voting.
Dec all owners get ballot in mail saying that January meeting we will have Annual/election. All instructions came with ballots to mail in or bring to January meeting.
I just got our January agenda that was also sent to all owners but there is no mention of voting or ballots and it has our previous meetings minutes from October with nothing mentioned about the vote.
Can there be an election without it listed on agenda.? Can the ballots be counted.? Meeting is this week

The notice on the ballot will take precedent.
JillS8 (California)
Posts: 101
Posted:
Thank you. I thought everything had to be on the agenda, as it states on the top of our agenda referencing open meeting act.
KerryL1 (California)
Posts: 14,550
Posted:
Sounds like you're right, Jill. The MC made another mistake. This is not good and, as a board member, perhaps you should encourage the board to seek a new one.

As a board member, why not post a reminder to Owners that there's the annual meeting this week. I think Richard makes sense. Since all the election materials went out, owners do know what to do.

My question now is to whom were the mail in ballots sent? Do you inspector(s) of election to count the ballots at the meeting? will your prop. mgr. attend?

How many ballots do you need to make quorum? This'll be in your bylaws if your manager doesn't know.

SueW6 (Michigan)
Posts: 814
Posted:
Everyone got a ballot to mail in, or were told to bring their ballot for counting. Right?

At the beginning of the meeting, there will be a question from the chair if there are any additions to the agenda. At that time, someone can suggest the counting of the ballots to get the election result.

Your bylaws might state that elections are held at the annual meeting, too.

Sloppy, but gets the job done.

RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By SueW6 on 01/29/2018 12:52 PM
At the beginning of the meeting, there will be a question from the chair if there are any additions to the agenda. At that time, someone can suggest the counting of the ballots to get the election result.

No changes can be made to the agenda once mailed, unless of an emergency.

Counting of ballots can occur at a special meeting or a board meeting.
SueW6 (Michigan)
Posts: 814
Posted:
"No changes can be made to the agenda once mailed, unless of an emergency."

Is that a CA thing?

Roberts Rules says that the agenda needs a vote of approval, so additional items can be added or deleted when notice does NOT have to be made to members (like raising the dues)

Since there are no nominations from the floor, the issue is to just count the ballots.

KerryL1 (California)
Posts: 14,550
Posted:
Yes, Sue, a CA civil code thing.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement