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JoniL (South Carolina)
Posts: 47
Posted:
Hello We just had meeting.Was not a success again.No Quorum. There were no packets(existing board members resumes,no application to be on board) only thing sent was a proxy and attorney of fact letter.Our documents state Audit to be in by April 1st so members can have for meeting.Was not done.The membership list which had to be requested before hand was inaccurate. Member stood up asked for an adjournment for later date to obtain 24 members and or proxies,also because the proper documents were not sent. BOD completely ignored the ladies request.This has been going on since 2004 no quorum! Beforehand some members typed up letter with information and distributed around community to resident homeowners they did know. Looking for suggestions to plan for next year? There has got to be a way since there is no help from BOD? I'm South Carolina. Thanks for listening!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Knock on doors with proxy forms in hand.
Sit outside at common amenities with proxy forms available.

legwork, legwork, legwork.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 04/09/2018 4:33 AM
Knock on doors with proxy forms in hand.
Sit outside at common amenities with proxy forms available.

legwork, legwork, legwork.

That is how we did it in one HOA in SC....work....work....work.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 04/09/2018 4:33 AM
Knock on doors with proxy forms in hand.
Sit outside at common amenities with proxy forms available.

legwork, legwork, legwork.


Agree!!! Alternative is potentially for members to do a “recall” of current BOD if they are individuals many disagree with having prior to next annual meeting. However, this also would take “legwork” and “knocking on doors” to get signatures to call a Special Meeting and you need to have individuals willing to step up to the plate to fill the positions. Sorry ... I do not have a lot of sympathy for apathy. My HOA’s have had participation and the attitude is if majority do not like what is being dished out ... it is your own fault for allowing it to happen due to your own apathy. Potentially if owner’s do not like what is taking place then they have a moral and legal responsibility to show up for meetings!!!
JoniL (South Carolina)
Posts: 47
Posted:
Understanding legwork.After weeding through two kinship lists given that were totally different and research finally knocked on doors. Some opened said no soliciting shut the door.80% are out of state owners and with no membership list with out of state address them I researched.There was not enough time from when received list that was inaccurate to send letters to our of state owners. We focused on one's we had. Funny most owners do not know history therefore they seem fine because they do not any other way. Now a few have been doing leg work having get togethers with some in the years most are just fed up and quit trying. Others are new and have no idea the rights they do have. When you work so long and meet brick wall every time then most quit just let BOD and management do as they will. That is mentality working with. I need answers? I need a way to stop the madness short of lawyering up. I do not need sympathy Need answers. The proxies are dealt with through corrupt management sent to corrupt management.BOD don't see them count them nothing they blindly trust these people. No one gets to see or get answers for anything?
JoniL (South Carolina)
Posts: 47
Posted:
Sorry typos
JoniL (South Carolina)
Posts: 47
Posted:
One mentioned proxies in hand. I am member not of board,management sends proxies out.Members have no control of proxies other than to contact people to try to acquire theirs. Just hitting brick wall. Thanks for listening trying to help much appreciated until next year? Oh and we are 228 units mostly rentals with out of state owners and Investors. I visited almost 60 owners in community huh 26 showed up 65 sent in proxies? We needed 51%. If I knew the owners that did not send in proxy I would definitely be contacting to possibly help for next year. BOD will not give info not will management. We suspect they are throwing them out to keep us from having quorum. This is our delimia.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Joni

FYI.

1. The latest dated Proxy is the one that counts.

2. One can sign and submit a Proxy but still submit a later one and the later one counts.

3. One does not have to use the Proxy the association sends out. One can makeup their own Proxy. One must be careful it is legal and covers all the bases.

Proxies can be a very valuable tool in defeating an entrenched BOD but they are often misunderstood and misused.
JoniL (South Carolina)
Posts: 47
Posted:
Thank you for this info.This definitely changes how I will proceed. BOD or management refused to let us know who did not send proxy this annual meeting. Would not even take vote for adjournment guess I need more research to proceed. Thank You John in all your responses have been very helpful. Learning a lot thanks to all. Joni
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JoniL on 04/14/2018 9:02 PM
Thank you for this info.This definitely changes how I will proceed. BOD or management refused to let us know who did not send proxy this annual meeting. Would not even take vote for adjournment guess I need more research to proceed. Thank You John in all your responses have been very helpful. Learning a lot thanks to all. Joni

A list of who did not send in a Proxy is typically not something kept. Also it might be wrong to do so but I cannot cite fact.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I agree that a list of who did not vote is not kept.

However, as a member you are entitled to the members list. As a member you are allowed to review the sign-in sheet and proxies submitted. A little work will identify who did not send in a proxy.
JoniL (South Carolina)
Posts: 47
Posted:
Thank you John and Tim.Do you believe it is still available to request a review of sign-up sheet and review proxies that were sent in or maybe too late? Meeting was April 7th. Management company whisked it away never let members view list or proxies.Thought I read somewhere that proxies still valid after so many days? That's reason I believed we could reschedule per documents use proxies sent in from first meeting for second send out only remains we did not receive ? Also two members given two different lists inaccurate! With this new information I may try the request but in past they say no to handing out any info they quote privacy policy? This would help me so much.How would you approach management and if board said No to the request? Can it be copied at my expense, Can it be photographed? With your help we could be able to take back community and have a voice much appreciate all advice you give!
JoniL (South Carolina)
Posts: 47
Posted:
Of you can't tell so willing to do work just have to make sure I'm right path and have answers for BOD or management just in case you know.
SueW6 (Michigan)
Posts: 814
Posted:
"We needed 51%'

To hold an Annual Meeting of the members of the association?

That seems VERY high for a quorum.

Please double check your figures.

Also, check the AGENDA.

JoniL (South Carolina)
Posts: 47
Posted:
Hello Sue. By laws state A quorum at member's meeting shall consist of persons entitled to cast majority (51% of value of the property of votes of entire membership). The joinder of a member in the actions of meeting by signing and concurring in the minutes there of shall constitute the presence of such person for the purpose of determining a quorum. To recap corporation in 1997,we have 228 units. More out of state owners than in community.So we are reading this correctly, Yes? We need approximately 115 owners if my math is correct. They said we had 91.
JoniL (South Carolina)
Posts: 47
Posted:
Oh I am sorry. What agenda are you referring to? Sorry new at all this. Thanks
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sue

Not uncommon to require a 51% Quorum at an Annual Meeting to be able to conduct any business including a BOD election. Ours was 51% but we changed it to 20%. I have seen some as low as 10%.

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