Will the incoming board be legal

Started by JeanS1 • 2 replies • 1423 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JeanS1 (California)
Posts: 23

Posted:

Our recent general meeting was disrupted by an owner and her daughter demanding to be heard about a fine imposed on their unit.
They would not let the meeting proceed without interrupting,using foul and obscene language and in general disrupting the proceedings.
The president adjourned the meeting.
The representative from the property management company stated she would count the ballots, with the aid of someone else in her office, the following day. Which she did.

My question is that because the CA Civil Code 1363.03 specifically states that the ballots must be counted at a board or general meeting, can the incoming board be legally seated or must we hold new elections or can we recount the ballots at a duly noticed board or general meeting?

Thank You again to all of you who replied to my last e-mail.

Jean Strauber

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jean,
There are a couple of issues going on here. The President of your Board did no one a favor by ajourning the meeting and because it was an inportant one, now you are dealing with a twofold situation.
Never cancel a meeting because of any resident causing a disruption as these two women did. Remove them from the premises by calling the local authorities. The residents who make the effort to attend a meeting, deserve to have their rights to a meeting. Don't be afraid of these kind of wack jobs as they do no service to your community.
Secondly, your P.M should know that the California Civil Code requires ballots to be counted and witnessed at a properly called Board or General meeting. She never should have taken them away. I cannot tell you what will be done with the exhisting ballots but I know that they should not have left the meeting site.

JaneK (California)
Posts: 175

Posted:

Jean,
See my post on your first question. The answer is NO.
You need a new management rep.
Jane

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here