Specail Meeting with no BOD members?

Started by DennisG7 • 4 replies • 293 views

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DennisG7 (Georgia)
Posts: 155

Posted:

Last night i got a call from another HOA member who had been speaking with a couple of HOA attorneys regarding a "Special Meeting" of our HOA. She has collected enough signatures, about 1/3of the membership, that allows the members to call for a special meeting. As the past HOA President she has asked me to give her some tips on the process and procedures for a specail meeting, which I conducted in 2019.
She has apparently sent registered letters to all Board members (3) and to the registered agent that provided copies of the signed petitions and cited the CC&R and state code allowing for a member called special meeting. What has happened is that the Postal Service has made numerous attempts at delivery and no one has signed for any of the letters. At this point she has no "proof of delivery". I had suggested she send unregistered versions to all BOD members and the agent that does not require signatures. She has done so. It's been nearly 3 weeks and she has received no response for either the BOD or the Agent.
During our conversation last night she ststed she had found an HOA attorney that told her that the members may hold a "special meeting" WITHOUT BOD members being present! I had never heard of this. I'm not sure if he was just saying that members can meet or if he was saying members can meet and conduct HOA business.
Does anyone have any information regarding such an event? We are a GA HOA (Non -Profit, not a POA).
Thanks.
Dennisg7

AugustinD
Posts: 3,698

Posted:

-- In my opinion: Of course directors (BOD members) do not need to be present. If they are owners in the HOA (and they usually are), they should at least be invited.

-- I have a vague recollection that a certified mail receipt filled out as 'not delivered' still counts for a lot legally. You did exactly right in your advice to her about mailings.

-- I think the person who called the special meeting should preside, though doing so with an eye to hearing from all who want to be heard, and showing no bias while presiding. If the person presiding needs to take a stand, she or he should turn the gavel over (so to speak) to someone else while she or he is speaking.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Board members are homeowners and members of the association. You can't deliberately exclude them, but forcing them to respond is a different issue.

Be careful with the "conduct business". To the best of my knowledge, special meetings are called for a specific purpose, and that is the only thing that may be addressed at the meeting - and going beyond that may invalidate the meeting. Homeowners who want a special meeting can have a laundry list of grievances that they want aired. Reining in those folks can be harder than getting stubborn board members to respond.

DouglasK1 (Florida)
Posts: 2,046

Posted:

You don't say what the special meeting agenda is, but even if the members conduct a legally valid vote on something, getting the current board to honor that could be another mess. Expect that you might need to file suit to actually implement any items determined.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CathyA3 on 09/08/2021 7:53 AM
Board members are homeowners and members of the association. You can't deliberately exclude them, but forcing them to respond is a different issue.

Be careful with the "conduct business". To the best of my knowledge, special meetings are called for a specific purpose, and that is the only thing that may be addressed at the meeting - and going beyond that may invalidate the meeting. Homeowners who want a special meeting can have a laundry list of grievances that they want aired. Reining in those folks can be harder than getting stubborn board members to respond.

This is my understanding also.

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