IDR Who Can Attend? Special Meeting Better?

Started by EdwardD4 • 7 replies • 318 views

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EdwardD4 (California)
Posts: 99

Posted:

What if the dispute is amongst multiple members and not just one? I could see madness to have dozens of members vs a Director, Association Manager and or Lawyer during and IDR, however the dispute does involve multiple members not just one.

Is there any restriction on the number of members who can attend an IDR?

Or, would it be more appropriate to call a special meeting with 5% of members? If so, can anyone provide me a template?

This is regarding false misleading meeting ID and passcode to join the annual zoom meeting where members could not attend. Members could not make a motion or voice concerns about the re-election of the board members who have been serving consecutively for 22+ years, and finding ways to avoid an election of new directors if the quorum that may be dropped to 25.5% if the motion was passed.

MaxB4
Posts: 3,513

Posted:

If you chose the special meeting route, you need 5% of the membership to sign a petition, that has to be specific. You could ask that the membership overturn the results of the last annual meeting. To call the meeting to order, you need you reach quorum. To be able to adjourn to a later date if quorum isn't reached, the membership has to be voting on something. You would need a majority of the members to vote to overturn and start a new one. Use a legal two page proxy to conduct the vote. It would be yes or no, and then something that says if quorum is not reached yes or no to adjourn. Remember, you still need a majority to overturn.

My suggestion, go the IDR route. Get 6 people, including yourself. Make sure you have more than they have, intimation. The five, other than yourself would have been at the virtual meeting, or been affected by incorrect information. Keep in mind, they will probably bring their attorney to intimidate, that's their job.

Which notice was incorrect. If the notice that went out with the ballots was correct, you probably won't have a case, as that is the official notice as required by state statue.

Hope this helps a bit.

EdwardD4 (California)
Posts: 99

Posted:

There were 2 pages. One was correct, and the other was incorrect which had the incorrect meeting ID, passcode and phone number.

In addition, the website where we pay our dues monthly was throwing out signals with a calendar and annual meeting also containing all the incorrect information to join the annual meeting. And guess what, they removed it from the calendar already. Haha

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By EdwardD4 on 08/09/2021 10:57 PM
There were 2 pages. One was correct, and the other was incorrect which had the incorrect meeting ID, passcode and phone number.

In addition, the website where we pay our dues monthly was throwing out signals with a calendar and annual meeting also containing all the incorrect information to join the annual meeting. And guess what, they removed it from the calendar already. Haha

The only one that matters is the official notice, the one sent with the ballots.

EdwardD4 (California)
Posts: 99

Posted:

Forgot to mention, they won’t let anyone else join the IDR but me and legal counsel. It happened t
Last year when I attempted to do one, because the association manager controlled the entire meeting and would not allow us to speak to the inspector of elections.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By EdwardD4 on 08/09/2021 11:15 PM
Forgot to mention, they won’t let anyone else join the IDR but me and legal counsel. It happened t
Last year when I attempted to do one, because the association manager controlled the entire meeting and would not allow us to speak to the inspector of elections.

Either they all join, or have each file their own IDR.

EdwardD4 (California)
Posts: 99

Posted:

Which notice was incorrect. If the notice that went out with the ballots was correct, you probably won't have a case, as that is the official notice as required by state statue.

Yes, the ones that went out w the ballots and our candidacy statements. It had 2 pages, one correct and another copy past from last years will incorrect info all over the place.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By EdwardD4 on 08/09/2021 9:56 PM

Is there any restriction on the number of members who can attend an IDR?

-- Associations are required to offer an IDR procedure. If an association does not, then Civil Code 5915's procedure applies. See also Civil Code 5910

-- Does your Association's IDR procedure mention a limit on how many people may sign onto an IDR complaint? If not, then ignore what the Association is saying, and go ahead and submit a proper IDR complaint regarding both the mis-information on the notice about the Zoom meeting pass code et cetera. Have as many owners sign the IDR complaint as possible.

-- Also, I suggest you add to the complaint the problem with two directors from the same unit serving on the board, in violation of the Election Rules (and so yes, contrary to what you think, in violation of state statutes).

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