Virginia -- Annual Meeting Agenda Change

Started by BH5 • 10 replies • 544 views

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BH5 (Virginia)
Posts: 84

Posted:

Last years annual meeting agenda was published in the required timeframe ahead of the meeting. It included a question and answer forum before ballots for BOT members were to be cast.

At the beginning of the meeting we were given two agendas and told we will vote by a show of hands on which one to follow. There was no explanation given on the difference between the two agendas. Each agenda had 8-10 items. Before anyone near me could figure out what the differences were, a show of hands was called for.

A large number of people voted for the "new" agenda. A smaller group voted for the original, published agenda.

Most people just thought, so what.

Candidates gave their statements.

A member asked if he could ask a question (I assume directed to a candidate, but maybe to the board.)

He was told no questions could be asked because we voted on an agenda that did not allow questions prior to the vote.

Is this correct procedure? Does it violate the law / rule that agendas are to be published xxx number of days before the meeting.

BTW, we had quorum through 3 members who held about 80% of the votes in the meeting.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By BH5 on 03/01/2020 11:05 AM
Last years annual meeting agenda was published in the required timeframe ahead of the meeting. It included a question and answer forum before ballots for BOT members were to be cast.

At the beginning of the meeting we were given two agendas and told we will vote by a show of hands on which one to follow. There was no explanation given on the difference between the two agendas. Each agenda had 8-10 items. Before anyone near me could figure out what the differences were, a show of hands was called for.

A large number of people voted for the "new" agenda. A smaller group voted for the original, published agenda.

"Proper notice" includes providing an agenda in the required timeframe. The adoption of the second agenda violates anything in your HOA's governing documents, and subsequent rules and regs concerning same, concerning notice. Why is this? Because for one, people make decisions on whether to attend meeting based on what is on the agenda.The annual meeting was not valid. The election results should be abandoned. If your board is a bunch of idiots, they will force protesting HOA members to take them to court. If your board is cooperative, a proper letter of demand might force a new election without going to court.

MarkW18
Posts: 1,290

Posted:

And people wonder why proxies are an issue.

SheliaH (Indiana)
Posts: 6,964

Posted:

First, look at your documents to see what they say. I don't know if they address adoption of an agenda, but they might say the annual meeting agenda has to be sent to homeowners in advance.

The way this was handled is incompetence at best and maybe some type of power grab at worst. Usually, annual meetings consist of a teacher's report, a recap of the year from the president, the board elections and (ideally) a segment where homeowners can comment on current associations. I don't see that changing every year, so what's the point in voting to use agenda A or B? Too bad you or someone else (like those in on the original agenda side) didn't tell louder (what a sec, I want to know why we're voting on another agenda when this one was sent a days of weeks ago?). The ensuing conversation may have stopped this in its tracks (and I might have reconsidered voting for the incumbents right then and there).

I dont know if there anything in your state statutes about agendas, but at this point it might be easier and faster to rally your neighbors together and demand a do over if the angel meeting along with a new board election. This time, encourage as many people as possible to skip the proxies and MAKE the time to showup, listen to the proceedings and cast their own vote

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

BH

I say the original Agenda properly submitted in advance it the agenda to hold to. You still have not said what were the differences.

As far as a few controlling the Proxies, even with a new meeting/election would you expect different results and if not, why bother?

BH5 (Virginia)
Posts: 84

Posted:

Mark,
Thank you. Someone on here loves proxies.

BH5 (Virginia)
Posts: 84

Posted:

Thanks, AugustinD

BH5 (Virginia)
Posts: 84

Posted:

JohnC46, Thanks. I did say the difference. Here it is again...

He was told no questions could be asked because we voted on an agenda that did not allow questions prior to the vote.

BH5 (Virginia)
Posts: 84

Posted:

SheliaH, Thanks again. I'll double check, but I think agendas are covered rather well. Must give notice on agenda 7 days ahead.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Very odd.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BH5 on 03/01/2020 11:59 AM
Mark,
Thank you. Someone on here loves proxies.

Without the use of Proxies many associations would never reach a Quorum. Additionally it would be near impossible to unseat some or all existing BOD Members.

I accept the fact that they can be misused but that is more the fault of the giver than the asker. The main "misunderstanding" is the BOD sends out an Annual Meeting Notice with an inclosed proxy naming them (the BOD) as the holder thus they often have an insurmountable bloc of votes. Is this the BOD's fault or the person that gave it to them?

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