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KristinaM1 (Pennsylvania)
Posts: 7
Posted:
Hi all - We are an HOA with 161 homes. Our By Laws state the following in regards to Annual Meetings. "An annual meeting of the Association shall be held during the month of May of each year at a time and place designated by the Board. At such annual meetings, the BOard shall be elected in accordance with the requirements of Article II of these Bylaws and such other business as my properly come before the meeting may be transacted."

In light of covid - we postponed the annual mtg until June 18th. We hold the meeting at the TOwnship Bldg but again, due to covid, the meeting space will not be available for the foreseeable future. As such, two Board members want to hold the annual mtg on June 18th via zoom with all ballots being required to be emailed or mailed to our management company beforehand. One Board member is concerned that the wording of our bylaws, i.e. "place" requires a physical location.

Was hoping I could get some feedback and interpretation on this as well as suggestions on how to best hold Annual Mtg and Election virtually?

Thanks in advance!
BillH10 (Texas)
Posts: 1,217
Posted:
Kristina

In light of the Covid situation, many of us have faced similar issues.

I believe there is general agreement the use of reasonable alternatives, such as Zoom, is viable and acceptable so long as overarching requirements are addressed: preservation of records, secrecy regarding ballots, proper notice, quorum, etc.

It is doubtful any court, should it come to that, would take you to task for using Zoom and thereby reducing Covid transmission risks should you hold a meeting in a physical "place". Besides (tongue in check), if you hold the meeting using Zoom, the meeting occurs in the physical "place or location" of each participant.
KristinaM1 (Pennsylvania)
Posts: 7
Posted:
Hi Bill...Thanks for your input. Your thoughts are similar to mine, including the "place" My thought is that we can determine the "quorum" by votes received in addition to those who log in to the meeting.

Our residents already have ability to email or mail the ballot ahead of time to our management company. For those who prefer or planned to vote at the meeting, has anyone offered a "real time" vote virtually and if so, how did you make sure the submitted vote was confidential? In our case it would need to be visible only to our manager as the Board doesn't actually view votes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Myself, I would put the Annual Meeting off until the Fall.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Myself, I would put the Annual Meeting off until the Fall.
KristinaM1 (Pennsylvania)
Posts: 7
Posted:
JohnC46 - Can you share why you would delay until the Fall? Would you delay the annual meeting, the election or both?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KristinaM1 on 05/28/2020 9:03 AM
JohnC46 - Can you share why you would delay until the Fall? Would you delay the annual meeting, the election or both?

I expect quarantines will be over and life more back to normal thus just easier and the more normal way to do things. Especially if overall, the owners are happy with the present BOD. Unless there is a driving urge to replace some BOD Members.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By KristinaM1 on 05/28/2020 7:52 AM
Hi all - We are an HOA with 161 homes. Our By Laws state the following in regards to Annual Meetings. "An annual meeting of the Association shall be held during the month of May of each year at a time and place designated by the Board. At such annual meetings, the BOard shall be elected in accordance with the requirements of Article II of these Bylaws and such other business as my properly come before the meeting may be transacted."

In light of covid - we postponed the annual mtg until June 18th. We hold the meeting at the TOwnship Bldg but again, due to covid, the meeting space will not be available for the foreseeable future. As such, two Board members want to hold the annual mtg on June 18th via zoom with all ballots being required to be emailed or mailed to our management company beforehand. One Board member is concerned that the wording of our bylaws, i.e. "place" requires a physical location.

Was hoping I could get some feedback and interpretation on this as well as suggestions on how to best hold Annual Mtg and Election virtually?

Thanks in advance!

The "place designated by the Board" is the president's home. Only the president is physically there; everyone else calls or Zooms in.
KerryL1 (California)
Posts: 14,550
Posted:
Why is "the place" the president's home, Paul? What if the prez doesn't live on the premises (we had one of those once)?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC46 on 05/28/2020 9:07 AM
I expect quarantines will be over and life more back to normal thus just easier and the more normal way to do things. Especially if overall, the owners are happy with the present BOD. Unless there is a driving urge to replace some BOD Members.

There's another case: a driving urge for some board members to be off the board when their terms end. Every year we seem to have at least one board member who can't wait to be off the board.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By KerryL1 on 05/28/2020 9:31 AM
Why is "the place" the president's home, Paul? What if the prez doesn't live on the premises (we had one of those once)?

Karen, why do you always sound like you're scolding?

If only one person is to be at the meeting and everyone else will be Zooming in, why does it matter?
BillH10 (Texas)
Posts: 1,217
Posted:
To follow up on a question the OP asked in her second post, do any of you have experience with live voting in a Zoom meeting?

How was it done? We have a possible scenario like that in one of our client associations.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Our management company arranged the call-in/VTC/online meeting.

We certainly could have postponed, but given the state of communications, and the ability to collect proxies for quorum, we held our on time.

Met quorum requirements based on proxies, had two non-Board owners on the event (out of 314), and elected three new directors by acclimation. One owner wanted to complain about neighbors yard - re-explained we are inspecting, but that he could use the anonymous online form to report ... sigh. Other owner didn’t say anything.

Hold your meeting.
KristinaM1 (Pennsylvania)
Posts: 7
Posted:
Thanks all for the input. We don't want to postpone any longer as a past board member who resigned last year after the neighborhood petitioned for special meeting at which to remove her (long long story) has decided to run this year. Postponing will just allow for even more drama within the neighborhood.

We are working out the details - particularly on how to accept (if at all) votes during the meeting.

Keep the sharing and suggestions coming - they are greatly appreciated!
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I would think you would be able to conduct the election by ballot - written - input to the Secretary or property manager - in advance of the meeting.
KristinaM1 (Pennsylvania)
Posts: 7
Posted:
Yes ballots are able to be sent to our manager by email or postal mail. We have some though that prefer to vote "in person" and we were trying to determine if there would be any way to facilitate an "actual time" vote during a zoom meeting that would still keep the votes confidential. Other than having a drop off location the day of the meeting we couldn't come up with anything.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
They would prefer to vote in person - in the middle of a pandemic

I would just tell them to fill out the ballot and mail it, drop it off prior to the meeting, fax it, take a photo of it and send from their email address of record, or set up a voting system by DocuSign or AdobeSign, etc.
ND (PA)
Posts: 792
Posted:
People are silly. Folks realize this isn't a election for POTUS, right?! And that their one or two votes for the next HOA Board Members aren't going to change the course of history or really matter at all in the grand scheme. They'd rather put you through the ringer because they want to vote "in person".

Unless you really want to expend the effort and resources to devise a plan and then execute it for the sake of a handful of homeowners, just tell people that due to present circumstances, the only way to vote this election is by mail in ballot. Everyone would understand unless they are completely unreasonable.

All that said, a couple of ideas to do what you want:

1) I could easily see voting in-person and in real-time via email or text message. You could authenticate/validate beforehand the voter's email address and cell phone number that they will use to cast their vote. They would text/email whoever is counting the votes. Could even create a special email address just for this election. When the vote comes in, you assign/match that vote to the corresponding homeowner.

2) If hearing the candidates speak or present their qualifications, ideas, reasons for wanting to be a Board Member is what's got homeowners wanting to vote in-person, you could host a pre-election zoom meeting whereby candidates can talk and be seen as well as debate or contradict other candidates if that happens in your HOA. Then after candidates have been heard, the votes are mailed in and must be received by a certain date.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By ND on 06/01/2020 12:05 PM
People are silly. Folks realize this isn't a election for POTUS, right?! And that their one or two votes for the next HOA Board Members aren't going to change the course of history or really matter at all in the grand scheme. They'd rather put you through the ringer because they want to vote "in person".

Where the makeup of the Board has a direct connection to the well-being of the association and the health of its finances, I think it does matter in the grand scheme, where "grand scheme" means the value of my home. If someone at one of our meetings stood up and accused me of being "silly" for thinking an election for Board members was important, I'd begin to wonder what you were trying to pull. As far as your pocketbook is concerned, who's on your board affects you much more than an election for POTUS. I think you have it exactly backwards.
ND (PA)
Posts: 792
Posted:
Quote:
Posted By GenoS on 06/01/2020 12:55 PM
Posted By ND on 06/01/2020 12:05 PM
People are silly. Folks realize this isn't a election for POTUS, right?! And that their one or two votes for the next HOA Board Members aren't going to change the course of history or really matter at all in the grand scheme. They'd rather put you through the ringer because they want to vote "in person".

Where the makeup of the Board has a direct connection to the well-being of the association and the health of its finances, I think it does matter in the grand scheme, where "grand scheme" means the value of my home. If someone at one of our meetings stood up and accused me of being "silly" for thinking an election for Board members was important, I'd begin to wonder what you were trying to pull. As far as your pocketbook is concerned, who's on your board affects you much more than an election for POTUS. I think you have it exactly backwards.

A somewhat valid point . . . although I could argue the opposite, and you've taken some of my words out of context. My statement was mostly tongue-in-cheek.

Main point was that people are still being given the opportunity to vote and the Board is working to make the meeting happen amid a global pandemic and now civil unrest in the nation.

There's just a handful of silly owners who (for some reason) don't like the currently-proposed voting method, instead wanting the ability to vote in-person which would necessitate unnecessary effort to execute. The juice isn't worth the squeeze in my opinion. Personally, I'd only expend effort for those types of things if I am in agreement that it's necessary. In this case, I don't think it's necessary.
KristinaM1 (Pennsylvania)
Posts: 7
Posted:
I understood your intended tone ND... we say often that people need to keep in mind this is a volunteer board for an hoa. There are no debates or statements made by candidates - all submitted candidacy forms which have been shared with all homeowners multiple times. It's a matter of submitting a vote at this point. We were willing to try to come up with something to allow "live" voting but since everyone wants confidentiality as well it's just not practical that we've been able to determine at this point.

Appreciate all the viewpoints and input though - I always like to hear various viewpoints.

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