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SteveC4 (Florida)
Posts: 154
Posted:
hello: how many have to be on the board and also have to be attended to the meetings? we had a special assessment meeting a few weeks ago and I dont think there was enough on the board at this meeting to make a final decision.

the meeting was about raising the monthly fee to fix the outside of the townhomes...the management has someone...but the person he will have do the repairs has no contracts...this scares me...there was only 4 people from the board at this meeting. the extra money they get from the monthly fee will be put aside to do all the repairs and per management will take 3 years to complete all the repairs since theres not enough funds in the reserves to get it all done at one time.

the management did not show anyone of any bids...he claims he had only one bid...I also ask if he has check with other companys outside from our city he has not.
JoeW1 (New York)
Posts: 728
Posted:
SteveC4 - The exact answers to your questions should be outlined in your governing documents (by-laws, etc.). I can provide you general answers of my association and what I've learned about other associations that may or may not correspond to your governing documents and your association as follows:

There are matters that the Board of Directors can decide upon and may be able to special assess. There are matters that require all the unit owners to approve. Special assessments for the excess amount over a certain dollar amount for capital improvements may be one of those matters that require the unit owners to approve. Either way, there must be a quorum of the Board or the owners to gather together in order for a meeting to be formally held and for decisions to be ratified. A quorum of the Board means more than half, a quorum of the community means the percentage by person or by proxy (under certain circumstances) outlined in each associations by-laws. For example, if your Board consists of 5 members, quorum is 3, if your community consists of 120 units where each unit gets one vote than quorum is 61.
LeeS1 (New Mexico)
Posts: 24
Posted:
Your bylaws should state how many board members there must be. Often it is expressed as a minimum and maximum number. They also need to state how many constitute a quorum. THEN, under the section for special meetings, the same info needs to be mentioned--how much notice, how many board members, how many regular members, etc. Your bylaws are your bible. In addition, your state statutes on non profit corporations needs to be adhered to.
SteveC4 (Florida)
Posts: 154
Posted:
Hello; we have 28 units and there was 15 replys...9 yes and 6 no...per declaration states an increase shall be approved at least 2/3 of each class of members who are voting in person or by proxy, at a duly contituted meeting called for this purpose.
DaneC (California)
Posts: 210
Posted:
Quote:
Posted By SteveC4 on 09/13/2007 11:06 AM
Hello; we have 28 units and there was 15 replys...9 yes and 6 no...per declaration states an increase shall be approved at least 2/3 of each class of members who are voting in person or by proxy, at a duly contituted meeting called for this purpose.

The "duly constituted meeting" had 15 votes.
2/3 of 15 is 10, which means that with only 9 votes, the increase was defeated, assuming that you are not under developer control, and that all units now belong to only one class.
TracyT (Maryland)
Posts: 228
Posted:
Dane,

I came up with this math (although the end result is the same).

28 units x 0.66 (2/3) = 19 votes required. Only 15 voted.
SteveC4 (Florida)
Posts: 154
Posted:
Thanks for the info: there is 28 units and only got total of 15 votes from the 28 units...9 yes and 6 no, but they went ahead and approved the raise on the monthly assessment from the votes they received.
JoeW1 (New York)
Posts: 728
Posted:
Quote:
Posted By SteveC4 on 09/13/2007 11:06 AM
Hello; we have 28 units and there was 15 replys...9 yes and 6 no...per declaration states an increase shall be approved at least 2/3 of each class of members who are voting in person or by proxy, at a duly contituted meeting called for this purpose.

2/3rd's is 67% of 28 owners or 19 owners to approve according to what you've posted. 13 owners didn't vote. Out of those 13 you'd need 10 owners to approve. Based upon your post and the figures above, the increase does not pass. Perhaps you can send out a second notice to those that did not reply and try to get them to vote in either way. Sounds like you had a quorum of owners, more than half that attended the meeting by person or proxy.
SteveC4 (Florida)
Posts: 154
Posted:
there was only the mangement three from the board and three homeowners in person the rest is from proxy-mail replys.
RogerB (Colorado)
Posts: 5,067
Posted:
Steve, Your by-laws should state how many Board members are allowed. There must be at least one Board member in order to conduct business. None "have to attended to the meetings". The by-laws should define the quorum required at both Board meeting and Member meetings in order to conduct business. The bylaws should provide for the authorities and responsibilities of the Board. Perhaps your Board can approve an increase in assessments by a 2/3 vote of the Board members present at a Board meeting. What do your by-laws require?
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By SteveC4 on 09/13/2007 11:06 AM
Hello; we have 28 units and there was 15 replys...9 yes and 6 no...per declaration states an increase shall be approved at least 2/3 of each class of members who are voting in person or by proxy, at a duly contituted meeting called for this purpose.

I did not read this before responding. If all were class A members (homeowners) it would require approval of 28 x 2/3 = 19 units. So it is obvious that the vote to increase assessments was not approved.
SteveC4 (Florida)
Posts: 154
Posted:
Thanks for all the information! IM just a little concern about raising the monthly fee to additional extra $ 50.00...they went ahead and approved it so they can start doing some repairs on the units...my main concern is that the guy they have hired to do the work ...they dont have a contract with to do the repairs of each unit/outside wood repair and painting.

Also my next question is that I was told that when they will do the units that have back screened in porches..its the homeowners resp to get the screened porch roof to be remove ,if the wood in the back needs to be replace and then to have whom ever put the screen roof back on . I feel this all should be included when they do the repairs...dont think the home owners should have to pay additional for the roof to be removed.

Can I request to board the listing to whom has not voted? there was 13 units that didnt vote and 15 voted...total of 28 units. Am I allowed to write to each home owner to get there replys on this voting?
RogerB (Colorado)
Posts: 5,067
Posted:
Steve, not voting is equivalent to a do not approve vote when it takes 2/3 of all units to approve. Look to your Covenants for the answer as to who pays for what. If the owner pays then they have the option as to when to replace.
DaneC (California)
Posts: 210
Posted:
Quote:
Posted By TracyT on 09/13/2007 11:26 AM
Dane,

I came up with this math (although the end result is the same).

28 units x 0.66 (2/3) = 19 votes required. Only 15 voted.

But according to what he said, it's "an increase shall be approved at least 2/3 of each class of members WHO ARE VOTING in person or by proxy, at a duly contituted meeting called for this purpose, which is how I came up with 10, as opposed to - 2/3 of the membership, which is your 19.

This is similar for example of California, with a community of 100, you need a quorum of over 50%, i.e. 51 validates a meeting. Then, you need a majority, which is 26. So out of 100 members, 26 can get ammendments done!

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