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BrianM22 (Florida)
Posts: 1
Posted:
This is the second year our has refused to hold a 2nd meeting to hold elections. So the current board continues,
How can the board do this. There not elected FOREVER are they?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By BrianM22 on 02/26/2020 4:23 AM
This is the second year our has refused to hold a 2nd meeting to hold elections. So the current board continues,
How can the board do this. There not elected FOREVER are they?

You've provided no information. How long are the terms? How long has each person served. What do your governing documents say in regards to elections, etc, etc, etc?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Adding more questions... Is there anyone who wants to run for the board? Are the people who do want to run qualified via in good standing if required?

It's one thing to want a new board and changes, it's another for having the actual people to do it. You may be stuck with the only group of people that want the job.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BrianM22 on 02/26/2020 4:23 AM
This is the second year our has refused to hold a 2nd meeting to hold elections. So the current board continues,
How can the board do this. There not elected FOREVER are they?

I am assuming they cannot get a Quorum. Did it ever occur to you the reason is people are happy and like the way it is?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By BrianM22 on 02/26/2020 4:23 AM
This is the second year our has refused to hold a 2nd meeting to hold elections. So the current board continues,
How can the board do this. There not elected FOREVER are they?
BrianM22, would you please clarify:
Is this a condominium (subject to FS 718) or non-condominium (subject to FS 720)?

At the first annual meeting, was there a failure to achieve a quorum?

Do your Bylaws require a second annual meeting, with a reduced quorum requirement?
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By BrianM22 on 02/26/2020 4:23 AM
This is the second year our has refused to hold a 2nd meeting to hold elections. So the current board continues,
How can the board do this. There not elected FOREVER are they?

The OP doesn't provide much info so I'll make some assumptions. I would guess that a quorum was not met and the governing documents or local laws provide for a follow up meeting with a reduced quorum in that case, which the board did not hold. Most jurisdictions do not have an HOA ombudsman or other government agency to act as "HOA police" so owners are on their own.

Typically the enforcement method for governing docs and state HOA law violations would be via the courts, i.e. suing. This is expensive and time consuming and rarely happens.

Realistically, your best course of action might be to work to get a quorum next year, possibly using proxies if they are allowed by your state and governing docs. This could involve going door to door talking to owners, emailing, posting to Nextdoor, a Facebook group, or any other social media platform that your neighborhood uses. Hopefully there are others that feel the same way you do and would help with that process. Reading a bit more into your post, I assume there are other candidates (possibly yourself) that are interested in running. You should include campaigning for those candidates in your "get out the vote" efforts.

To see any change, it is most likely going to take more than a few owners showing up at the annual meeting and rueing the fact that you don't have a quorum. It will take some level of work by yourself or others.

Finally, if the large majority of members are happy with the status quo, this could just keep happening.

Escaped former treasurer and director of a self managed association.
MarkW18
Posts: 1,290
Posted:
Being this is a membership meeting, it is supposed to be up to the member present, either in person or by proxy, if allowed, that are supposed to determine whether there is an adjourned meeting.
GenoS (Florida)
Posts: 4,276
Posted:
If it's a membership meeting then the members attending it, even if less than a quorum, can vote to "Fix the Time to Which to Adjourn". The meeting becomes an "adjourned meeting" and when it re-convenes it's technically the same meeting. Use the time to drum up support by soliciting proxies and convincing people to attend. If it's that important and enough people want it, it shouldn't be too hard.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By GenoS on 02/26/2020 12:35 PM
If it's a membership meeting then the members attending it, even if less than a quorum, can vote to "Fix the Time to Which to Adjourn".

Keep in mind that "can" does not mean must.

If you want the members out of office, get involved and start gathering proxies.
If you hold enough proxies, you will have a quorum, hence an election would be held.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 02/26/2020 3:14 PM
Keep in mind that "can" does not mean must.

Yes, of course. My un-tested belief is that this motion would benefit many but is used very infrequently because of ignorance. I can envision a dozen objections to voting for such a motion, each one making less sense than the last, and all emanating from a position of ignorance.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 02/26/2020 3:14 PM
Posted By GenoS on 02/26/2020 12:35 PM
If it's a membership meeting then the members attending it, even if less than a quorum, can vote to "Fix the Time to Which to Adjourn".


Keep in mind that "can" does not mean must.

If you want the members out of office, get involved and start gathering proxies.
If you hold enough proxies, you will have a quorum, hence an election would be held.

Not all docs allow such. My last HOA docs said this could be done. My present HOA docs say nothing on the subject.
MarshallT (New York)
Posts: 414
Posted:
Check your governing documents if you haven'y already done so. Find out how long a term lasts.

If there was a failure to achieve a quorum at the past meeting, an governing documents state that members do not have to keep trying to achieve a quorum, then the members can hold their spots until the next annual meeting.

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