Using COVID-19 to indefinitely postpone the Annual Meeting

Our community's annual meeting is always in September however homeowners were sent a letter in October stating that the annual meeting and election were indefinitely postponed due to Covid-19 and all 7 board members would be staying aboard. All 7 are elected at the same time for a 1 year term. We have about 400 homes and never had 50 people at any meeting and almost never have 10% quorum. The County posted a waiver for in person meetings which I included below.

So two virtual meetings are scheduled for October and November but somehow the annual meeting cannot be held. Two Special Meetings this summer were attempted without quorum to change the bylaws to only 5 board members and to have staggered terms of 3 years among other things.

My question is how can homeowners request an annual meeting. Covid-19 won't end anytime soon. I suspect the motivation is to stall the election until they can get a 60% vote on the new bylaws to enact the three year staggered terms.

The vote to postpone the annual election was closed. Doesn't such an order have to take place at an open meeting with it documented in the meeting minutes? Should another date be set instead of it being indefinite? The letter was not signed by any board member. Shareholders have certain rights in a corporation for virtual meetings (occ.gov). Do those guidelines apply to HOAs?

Thanks for any help.

NOTICE OF POSTPONEMENT OF 2020 ANNUAL MEETING

Due to the Covid-19 Pandemic the Board of Directors in compliance with County Executive Order has postponed the November 2020 Annual Meeting until further notice. Typically Annual Meetings are held in person in accordance with the MD HOA Act.

Since in person meetings in accordance with the County Executive Order No.15-2020 dated June 25, 2020 limits gathers [sic] to a maximum of 50 persons, the Board made the decision to postpone the 2020 Annual Meeting. In addition the Club House remains closed due to COVID-19.

In accordance with the MD HOA Act the current Directors will remain on the Board until an Annual Meeting can be held.

An Annual Meeting date will be determined once the in person restrictions are lifted.

We hope that our Community stays safe during these unprecedented times.

Notice to all Common Ownership Communities:
As you know, each common ownership community association has its own
unique governing documents, written specifically for that association. Within
these governing documents, it is mandated that all board meetings are hosted inperson. Out of an abundance of caution regarding the spread of the novel
coronavirus, COVID-19, Prince George’s County Commission on Common
Ownership Communities (CCOC) is providing a temporary waiver allowing and
recommending all associations to consider the use of telephone and/or video
conferencing to conduct upcoming board meetings, which still provides
members the opportunity to participate. Your association is also permitted to
utilize other forms of electronic media and communication as long as it is
accessible to all members of the association. If electronic meetings are not viable
for your association, we are approving cancellation of the meeting as long as
notice is provided to all homeowners of the meeting cancellation. Associations
shall periodically check the CCOC website to get updates on the temporary
waiver.

Also, is this a condo or a non-condo? Do you know what Maryland statutes apply to your community?

Send the letter certified mail, return receipt requested.

Post back here with the Board's response (or more likely, non-response).