Special Meeting of the Association

Started by StephanieC8 • 9 replies • 775 views

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StephanieC8 (Hawaii)
Posts: 2

Posted:

Aloha....
There is a special meeting of the association tomorrow. The Association members are being told that they need 51% quorum in order to be able to have the agenda (below) followed. We recognize that quorum must be met in order to conduct "business" that requires members to vote ie. board recall/removal, election of new board members etc. Our agenda does not require any "business" that requires members to make a motion or vote. We are still being told that the below agenda cannot be followed that was posted on the special meeting notice if there is no quorum. We are challenging that with the Management company. We have asked for proof/evidence from the 421J By-laws to show our agenda topics require quorum and they have not been able to give that evidence, because we believe it does not exist per our agenda/purpose stated. Can someone please clarify whether or not this is in fact the case? Mahalo!

PURPOSE
A. To review LVCA Letter dated Aug 31, 2018 ("Special Assessment")
B. To discuss options related to implementation of special assessment
C. To conduct open-session Board vote on options presented related to implementation of special assessment
--------------------------------
D. Pending outcome of 1.C... To discuss and establish criteria related to evaluating potential remediation efforts (e.g. Timeliness to protect lives, Cost, Effectiveness, Longevity, Community Acceptance, Homeowner Acceptance, …)
E. Pending outcome of 1.C... To identify questions and areas requiring additional research, clarification, written documentation, and/or feedback
F. Pending outcome of 1.C... To develop timeline for future actions (e.g. Research, Consultations, Presentation/Evaluation of Engineering and other Options, Bidding Process as required, Resourcing, …)
G. Pending outcome of 1.C... Initiate process to Remove Board Members as determined to be in the best interests of LVCA

2. By Call of members of LVCA

3. Date of Notice

4. Other...

RoyalpitA
Posts: 195

Posted:

no quorum = no meeting

y'all may still gather for a chat, but, w/o a quorum, there will NOT be a meeting

CathyA3 (Ohio)
Posts: 6,299

Posted:

>>PURPOSE
A. To review LVCA Letter dated Aug 31, 2018 ("Special Assessment")
B. To discuss options related to implementation of special assessment
C. To conduct open-session Board vote on options presented related to implementation of special assessment <<

That certainly sounds like business to me.

KerryL1 (California)
Posts: 14,550

Posted:

I have to agree with others that this cannot be called a "special meeting of the members" if your bylaws say there must be a quorum to call it a meeting.

I think you can call it something else like a Town Hall and proceed with your agenda. We did something like that years ago and presented our results to the board. They actually changed some of their previous decisions.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My first blush is calling a Special Homeowners meeting to discuss issues is fine but unless a Quorum is achieved no business (including voting) can take place.

As PITA said, with no Quorum it is a chit shooting session.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Stephanie,

Do your governing docs specify a quorum of 51% for member meetings? That is typical for board meetings, member meetings are often less. In our association, for example, 1/3 represents a quorum at a members meeting.

Note that board and member meetings are two different things, the board should not transact business at a member's meeting. Depending on state law and your governing docs, board and membership meetings might have different notice requirements.

Escaped former treasurer and director of a self managed association.

AdamD1 (Indiana)
Posts: 179

Posted:

Quote:

Posted By JohnC46 on 10/21/2018 3:37 PM
My first blush is calling a Special Homeowners meeting to discuss issues is fine but unless a Quorum is achieved no business (including voting) can take place.

As PITA said, with no Quorum it is a chit shooting session.

Question: we will be having our annual meeting in a few weeks and odds are we will not have quorum, nor will the Board want to try to call a second meeting with reduced quorum. So, we will have a "chit shooting session" as a result. Should the Secretary take minutes of this? Minutes were taken at last year's meeting even though we didn't have a quorum. What do you think?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AdamD1 on 10/22/2018 12:35 PM

I say it is not a meeting so no business can be conducted thus no Minutes are necessary.
DO you need to have an election to fill BOD vacancies?

While many say they cannot get a Quorum, a direct mailing with a plea and an enclosed, mailin Proxy to establish Quorum often works.

StephanieC8 (Hawaii)
Posts: 2

Posted:

We are looking for evidence in the bylaws that states No quorum invalidates the special meeting for happening. It does talk about having quorum does allow for the opportunity to vote. We are not looking to vote on anything. Has anyone seen anything in a 421J that states no quorum equals not meeting, with the understanding that it does not state that a requirement of a quorum is needed for a special meeting?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sioux seeing your docs ...

I don’t see how it can be an HOA meeting without a quorum.

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