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RyanD5 (Arizona)
Posts: 27
Posted:
If the Bylaws state that the annual meeting must occur on the first Saturday of May, can the Board (or anyone else) decide to hold the meeting on the 2nd Saturday of May? Are there any real consequences if they do that?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Are there any real consequences?
No.

You could take the issue to court to force it to be held on the 1st Saturday of May.

Did you ask why the Board wants to change the meeting?
Are they aware that the second Saturday is also mothers day weekend (might have some not be able to attend)?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Would it be worth amending your bylaws to make this change? I'd suggest allowing yourselves a bit more flexibility, such as holding the meeting in May, or even in the second quarter. Unexpected things can come up, and you don't want to be in violation because of unavoidable events.

GenoS (Florida)
Posts: 4,276
Posted:
There has to be some way to change the Annual Meeting dates, no? At one point my HOA changed its Annual Meeting from March to January. There has been talk of the benefits associated with moving it back to March again. Some directors' terms could be 10 months while others maybe 14 months? Does that require some specialty language in the Bylaws to account for "1 year terms" where the year in question isn't exactly 365 days? It doesn't seem like a big deal as long as it's not done capriciously.
RyanD5 (Arizona)
Posts: 27
Posted:
Quote:
Posted By CathyA3 on 04/03/2019 4:53 PM
Would it be worth amending your bylaws to make this change? I'd suggest allowing yourselves a bit more flexibility, such as holding the meeting in May, or even in the second quarter. Unexpected things can come up, and you don't want to be in violation because of unavoidable events.


Good idea, but getting the approval vote of 75% of the members to make the change would be difficult. Not that they wouldn't approve, it's just hard to get that many votes cast.
And if there is no consequence for having it on a different day then I see no real need to stress or bother about this.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
No factor.

Move onto the important stuff.
SueW6 (Michigan)
Posts: 814
Posted:
Ryan - did they annonce the date in good notice?
SheilaJ1 (South Carolina)
Posts: 291
Posted:
Quote:
Posted By SueW6 on 04/03/2019 6:54 PM
Ryan - did they annonce the date in good notice?

I would ha e serious issues with this. They should announce the first meeting date according to the bylaws with a formal notice, then if some emergency comes about they can legitimately postpone it. They cannot simply change it. Most likely they are doing some strategy to perhaps weed out potential candidates if they are not available on such a date or perhaps the date change benefits someone else.

The insurance will probably have an issue with any action taken by volunteers that have their term expiring on this date but continue another week.

Definitely protest this change. I wouldn’t even change the bylaws for a host of other reasons.
RyanD5 (Arizona)
Posts: 27
Posted:
Quote:
Posted By SheilaJ1 on 04/03/2019 7:28 PM
Posted By SueW6 on 04/03/2019 6:54 PM
Ryan - did they annonce the date in good notice?


I would ha e serious issues with this. They should announce the first meeting date according to the bylaws with a formal notice, then if some emergency comes about they can legitimately postpone it. They cannot simply change it. Most likely they are doing some strategy to perhaps weed out potential candidates if they are not available on such a date or perhaps the date change benefits someone else.

The insurance will probably have an issue with any action taken by volunteers that have their term expiring on this date but continue another week.

Definitely protest this change. I wouldn’t even change the bylaws for a host of other reasons.

Yes there was sufficient notice.
It was done because two board members couldn't attend that day.
SueW6 (Michigan)
Posts: 814
Posted:
The annual meeting is NOT a board meeting, so that was not a valid reason to postpone this.

In fact, all board members should sit in the audience, with only the president and the secretary at the front. The president leads the neeting, Secretary takes minutes. Board members can be called on for their reports. But they have no special status at a Members meeting.

Remind them that the world doesn’t revolve around them.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sue,

I respect your observation on seating, however, in my last three HOAs, the entire board sat at a table in front of the members.

What have others seen in this regard.
BobB31 (Florida)
Posts: 178
Posted:
Quote:
Posted By GeorgeS21 on 04/04/2019 7:42 AM
Sue,

I respect your observation on seating, however, in my last three HOAs, the entire board sat at a table in front of the members.

What have others seen in this regard.

Same here. All board members have doubled as officers until this year.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BobB31 on 04/04/2019 7:54 AM
Posted By GeorgeS21 on 04/04/2019 7:42 AM
Sue,

I respect your observation on seating, however, in my last three HOAs, the entire board sat at a table in front of the members.

What have others seen in this regard.


Same here. All board members have doubled as officers until this year.

Same here. The BOD runs the meeting and one agenda item is open questioning of BOD Members.

Our Bylaws call for the Annual Meeting on or before 04/15. This year it will be 04/11.
KerryL1 (California)
Posts: 14,550
Posted:
The dates in our bylaws are flexible too, but we've often had director absences at the annual meeting even, twice, when the director was seeking reelection. In annual meetings--elections which are members (owners) meetings there shouldn't be much for directors to do. Ownrs even approve the previous ann. mtg. minutes.

But they've always sat at the meeting table here. This makes it easy for retiring (or defeated) directors to leave the table and new directors to come to it at the end of the annual mtg. It also makes it easy to acknowledge the service and, as in our case, give them a little gift when they leave board service. In some HOAs where owners must be present to vote, but it's a closed meeting state, it might be the only chance for many owens to see the faces of directors.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnC46 on 04/04/2019 8:18 AM
Posted By BobB31 on 04/04/2019 7:54 AM
Posted By GeorgeS21 on 04/04/2019 7:42 AM
Sue,

I respect your observation on seating, however, in my last three HOAs, the entire board sat at a table in front of the members.

What have others seen in this regard.


Same here. All board members have doubled as officers until this year.


Same here. The BOD runs the meeting and one agenda item is open questioning of BOD Members.

Our Bylaws call for the Annual Meeting on or before 04/15. This year it will be 04/11.

Same here re: seating.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GeorgeS21 on 04/04/2019 7:42 AM
Sue,

I respect your observation on seating, however, in my last three HOAs, the entire board sat at a table in front of the members.

What have others seen in this regard.

The same. Most years people realize that the annual meeting is not a board meeting, but the current directors sit at the front table during it. One year I convinced them to sit with everyone else (except for the president and the secretary) but the following year it was business as usual. There always seem to be a lot of misperceptions about things. Two years ago after the annual meeting but before the board's organizational meeting I took Robert's Rules and pointed out that, in an election for officers, a nomination is not a motion and does not need a second. Heard within the first 5 minutes: "I make a motion to nominate Susan for president," "Second!"
RoyalP
Posts: 1,104
Posted:
4911509
KerryL1 (California)
Posts: 14,550
Posted:
HaHa, funny Geno. Also true is that minutes approval don't need even a motion let alone a 2nd. But there's a director here and the ONLY contribtuion he makes to our community is to motion that the Board approve the minutes. In other business items, he 2nds. We call him "Dan. Dan, the second man" (Not his real name, but it rhymes with man.)

Btw, there often have been questions on this forum about gifts to thank directors for their service, how to pay for them if OK, etc.

We present retiring directors with a coffee mug with their dates of service, name and our HOA's logo on it. In the mug is a little bouquet of flowers. We feel it's a lot better than a paperweight or book ends, etc.

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