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FlowerP (Virginia)
Posts: 5
Posted:
Our HOA wants to put referendums on the election ballots. The Agenda for the upcoming meeting states as such. I have not seen anything in the previous minutes citing any discussion or action (motion or votes by the board members) for theses referendums. My question is...Does the Board take action first by majority vote as to which referendums, if any, are put on ballot? Or does anyone, board member or community member, simply make a request to have it added to agenda? Just trying to understand the process. Thanks.
AugustinD
Posts: 5,144
Posted:
I presume this is for the Annual Meeting of Members. Like publicly traded corporations, I think any member/shareholder can request a referendum, following any procedure available for doing so. Notably there are "notice" requirements for Annual Meetings, so one should meet these requirements first. The board should have the referendum item placed on the agenda and should hold a legal vote for it. In my roughly 20 years with HOAs, I do not think I have ever seen a member ask for an item to be put on the agenda and voted on for the annual meeting. I think this is partly because many members are under the mistaken belief that votes may be held spontaneously at the annual meeting. Nor should any official business be discussed at the annual meeting that is not on the agenda, due to notice requirements. If people want to talk about something not on the agenda, they should wait until after the annual meeting has concluded, asking people to stick around.
SueW6 (Michigan)
Posts: 814
Posted:
The process should be in your own bylaws.

In my former HOA, a motion that a homeowner wanted on the ballot had to be submitted 90 days before the Annual Meeting.

That was time enough for the Board to "vet" the motion for legal and other considerations (that it was not contradictory to the bylaws, etc.)

Sometimes the Board would give it their "blessing" or stay neutral about it and let the people vote.

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