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NathanL1 (Texas)
Posts: 23
Posted:
What are you guys doing about your Annual Meetings?
We have yet to have ours, we usually have it in mid May, but with COVID-19, we don't know what things will look like from one day to the next. We are supposed to give 45 days notice of such meeting, but are afraid we won't have a quorum... I am in Texas, and you can't even have 10 or more people in a group. We usually have to get plenty of proxies as well just to have a quorum.

Any ideas?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is still snail-mail to put out proxies. May add some additional expense but an option. You can organize a zoom meeting. How many people normally attend a meeting? If 10 or less no issue. Maybe have the meeting outside and chairs 6 feet apart. Wear masks above all.

It is still possible to have a meeting. Just have to think outside the box. Make a free gmail account for people to email to and the board can access. This is special circumstances. So that has to be factored in.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Can you run this by your association attorney and get their take on it without spending a bunch of money for a written opinion?

Not many ideas since this is going depend on your state laws and how badly the disease is spreading in your immediate area. If your state's laws require in-person annual meetings, but you can't meet in person without violating health directives (which may or may not have the force of law) or incurring liability risks or harming people by possibly hosting a super-spreader event, you're kinda stuck.

Personal opinion, and I'm not a lawyer: pick the option that is least bad. I would lean toward not holding the annual meeting if you can't hold it online (which has its own issues) and let the board stay on. If a director wants to step down, the remaining directors can appoint a replacement. If your HOA is being maintained more or less up to normal standards, the bills are being paid, and the necessary legal and financial papers are being filed, I'd call it good. If these things aren't happening, your version of least bad will be different.

We're in the same boat: our annual meeting is supposed to take place in March, and it didn't due to shut downs. The board members stayed on. They made some noise about trying for June, but the number of cases is rising again here (surprise!!) so that didn't happen. Our governor is determined to open schools again in August, so things are going to get worse rather than better for the foreseeable future.

If our board did try to hold an in-person meeting, achieving quorum is also doubtful. Many of our regular attendess are in high-risk groups and will not attend. I'm a former board president, haven't missed a single annual meeting in 14 years - but I'm going to miss them all until we get this pandemic under control or we can hold them online.
LetA (Nevada)
Posts: 2,679
Posted:
I don't know the name of the service, but we used a conference call system that our property manager found. The PM can login in real time and see how many people are attending. At the end when the meeting was over, we conducted our executive session just the four of us.
AugustinD
Posts: 5,144
Posted:
Texas is one of the top states for a renewed surge. Hospitals are on the verge of being overwhelmed in some areas of Texas. An in-person meeting is out of the question. This leaves two choices:

By not having an annual meeting, the HOA is violating a covenant/breaking the law.

By having an online Zoom annual meeting or online voting, the HOA is violating a covenant/breaking the law.

The least worst option is to have an online Zoom meeting or online voting. Send a memorandum with bullet pointed steps of how to join the meeting. Continue with the usual procedures for notice, proxies, et cetera.

If you want the names of companies that will help with online voting in Texas for a few thousand dollars, post back.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our Annual Meeting was scheduled for April. We sent each owner a letter saying we were going to delay it but at this time we could no say to when. We still have not had it and not one owner has asked about it. As of now we are looking out to Oct or Nov.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Have your annual meeting online - don't sweat the potential consequences re it being legal or illegal - it is least harmful option and an easy thing to explain to anyone - including a judge.

The corporation needs to continue to function - this is the least harmful way to do it.
SheliaH (Indiana)
Posts: 6,964
Posted:
As others have suggested, you can read up on Zoom and consider having the meeting online. I'd also consider an app where those without computers and Internet access can call a conference call number to listen in (FreeConference Call has that option as well as video conferencing)

Nothing else should change with regards to the proxies, meeting notice and quorum, but this would be a good time to urge people to participate. COVID looks to be here for the long haul and association business needs to continue, so homeowners need to make the time to participate and weigh on on what's important to them. You can open the proxies live and count them before the meeting starts if you use yours to help establish quorum (we do). You may want to find someone who's a whiz at online meetings to help you, if necessary.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
As almost every states governor has issued mandates against meetings and gatherings. Though it does not specifically mention HOA meetings, I feel it offers blanket protection to associations to conduct their required meetings online or via teleconference. So you don't have to sweat it.
BarbaraT1 (Texas)
Posts: 821
Posted:
We are having our rescheduled meeting at the end of this month. We are having it outdoors, so people have room to social distance if they attend. Our county allows outdoor gatherings at the moment. Owners are strongly encouraged to vote by proxy. All the financial reports have already been distributed and I take questions daily so the sole purpose of the meeting is to elect two homeowners to the board, as the association has reached the threshold at which 1/3 of the board must be owners.

Candidate bios have been posted on the HOA website to help voters make their choice and candidates are allowed to take questions via email or do q&as of their own. The meeting itself will last as long as it takes to call to order, collect any in person ballots which people will pick up and drop off from a table and I will count while wearing gloves.

The fact that it's going to be outdoors in July should dissuade people from attending if COVID doesn't.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am aware of ZOOM, online meetings etc. but candidly our BOD does not wish to go through educating our people about such when we have not had one request to hold the meeting. As this is SC, holding it outdoors in November, even December, would not be out of the question. I believe that is what we will end up doing.
SueW6 (Michigan)
Posts: 814
Posted:
Hall rental, school gymnasium?
JaredC (Texas)
Posts: 264
Posted:
Yeah. I am now embroiled in a Texas lawsuit regarding HOA meetings. I'll win.

Texas state law 209.0051(c-2).

Have your Zoom meeting in the Covid-19 environment. You'll be just fine. Just follow that law.
NathanL1 (Texas)
Posts: 23
Posted:
George, Barbara, my fellow Texan colleagues have me thinking...

"Have your annual meeting online - don't sweat the potential consequences re it being legal or illegal - it is least harmful option and an easy thing to explain to anyone - including a judge.

The corporation needs to continue to function - this is the least harmful way to do it."

I sit as Board President in an HOA consisting of 522 lots in Texas. We have a huge pool area, and we need 52 members (10%) to have a quorum, by person, or by proxy to hold an election of officers. ( exciting!! and I am up for election, along with two other colleagues. )

In our Declaration, it states regarding special meetings of the membership, that if a quorum is not met at the first meeting, then we can set a NEW meeting not to exceed notice by 50 days, and HALF (1/2) of the original quorum would have to be met to hold an annual meeting. That is 26 members by person or by proxy.

Its July, and its hot, and the mosquito's are out, and the humidity is high!! South Texas here.... and of course COVID-19.

I propose that we have our Community Manager go ahead and mail out the 45 day notice post cards for the Annual meeting at the end of this month. ( July )

It would be mid September for our first Annual meeting.. 7PM, by the pool, face masks on, and we can space the chairs out for social distancing. We have a Microphone and speakers.

If it turns out that we do not have a quorum, then we send notice out immediately again for 45 days, which would be around Halloween time, and with a quorum of 26. If we get this far, then I am certain we can hold it.

It needs to be done. The last thing I need is for a know-it-all to come challenge us and say we are not duly elected officers that are legally able to conduct business because we broke a covenant.

The corporation needs to continue to function.

Does this sound like a plan?

I want to thank everyone here for taking time out to respond. Lots of great input.

Please let me know your thoughts.

JaredC (Texas)
Posts: 264
Posted:
Yes. It sounds like a plan. Why?

First, get rid of the idea that the meeting needs to be in person. This is a non-issue.

Second, you are acting in good faith to conduct a meeting (in person or by phone) and therefore adhering to your governing documents.

There is no provision in Texas law that states "homeowners" meetings must be done in person.

Previous 12 year HOA president here.
NathanL1 (Texas)
Posts: 23
Posted:
Jared, correct. Our 40 year old dedicatory docs say we can hold meetings electronic..

To be honest, I could gather enough proxies myself if we had to call a second meeting.

No one is complaining why have not yet had a meeting... I think the members understand.

We have attempted to have monthly meetings during COVID, but we have had to cancel a few due to restrictive orders from the County and or the Governor. No one shows but a couple of stranglers when we had our meetings before COVID. It seems when everyone is happy.. the turnout is always low!!!

We are required to have at least one meeting per quarter, but we have ours the first Monday of every month.

Sorry to leave you out of my list of fellow TEXAS colleagues sir.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By NathanL1 on 07/09/2020 9:44 PM
a couple of stranglers

NathanL1 (Texas)
Posts: 23
Posted:
Quote:
Posted By GenoS on 07/10/2020 2:30 AM
Posted By NathanL1 on 07/09/2020 9:44 PM
a couple of stranglers



haha!! Maybe those as well!! I meant to say stragglers.. or to say another way.. a few people...

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