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RogerJ1 (Texas)
Posts: 550
Posted:
POA 56 lots. The last few annual meeting have had 60+ attendances. In case one is wondering why more attendance than lots: About half the lots are represented in-person and of the lots represented in-person, most to all have couples/spouse and some children.

As I wrote a few weeks ago, the first scheduled 2023 annual meeting was canceled an hour before it was to start. For reference: https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/345712/view/topic/Default.aspx

The first re-do attempt is scheduled for March 21. The venue is a library meeting room that has a maximum capacity of 40 people, and per the library's policy, they strictly enforce that limit.

It is anyone's guess if more or less will attend than normal. So, I think it is unwise to book a room that's maximum capacity is 67% of what the last few meeting have drawn.

If more than 40 show-up, someone will have to be denied entry. I would think denying members the ability to vote and participate would carry a lot of weight if anyone brought suit over the meeting.

What would be the recourse if more than 40 people show-up and therefore some members are denied entry?
KerryL1 (California)
Posts: 14,550
Posted:
Why would Owners bring children to an annual meeting? Aren't absentee/mail in ballots sent to owners? And/or proxy forms? If so, why do they ALL want to attend & vote in person?

I guess if it comes to it, only one member per household would be permitted entry. That way, everyone should be able to vote. No, not good as some folks just enjoy the annual meeting and I'm guessing it's downright illegal to lock them out. I'd be complaining to the PM or Board for making this problematic arrangement.
SheliaH (Indiana)
Posts: 6,964
Posted:
Oh, come on- surely you know the answer to this. If more than 40 show up, and you know tbe room limit is enforced, some people won't be able to attend in person. That's why the board should make provisions for virtual attendance and tell people space is limited. Of course tge real question is whether this makes a quorum according to your documents. If so, at least part of what you've talked about in previous conversations will be addressed.

Have you asked if virtual attendance will be an option? If not, why not - unless you're just complaining again with no intention of doing anything. By the way,, you do know larger rooms may already be booked or are too expensive, don't you? Have you suggested other places that have enough parking? If not, why not?

It's true this board may not be interested in anyone showing up so they can pack the room with their supporters and get reelected, so if you want to change things (or your relative or whoever you know lives in this neighborhood), you need to make it as difficult as possible for them to do an end run around everyone else. So use your noggin for a change- what do YOU think the recourse should be and what are you willing to do to make it so

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Thanks to Sheila, I remember more about Roger now, and agree with all of her remarks. Is this even your HOA, Roger?
MarshallT (New York)
Posts: 414
Posted:
Hi. That's great to hear that so many people want to attend the meetings.

It's not fair to be turning people away - so consider these 2 options.

1) Host hybrid meetings. Members can still vote and ask questions using a virtual meeting platform like Condo Control https://www.condocontrol.com/feature/virtual-meeting-agm/.

2) Secure a larger venue. While you can't know for sure how many people will attend, plan for more than less. If the room is only 70% capacity, so be it. You may ask members if they plan to attend in person (and bring spouses/children) ahead of the meeting so you have a better idea about attendance numbers.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Zoom.

This is a business meeting, not a neighborhood social event - the board should know better. I have never heard of a community where children attended the annual meeting, except in an emergency/single parent/babysitter-didn't-show situation. And yes, the child disrupted the meeting and mom had to leave - because that's what kids do, especially in the evening when the kid is getting cranky.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Our clubhouse only held 40 people but we knew based on the past that there would be approximately 60 people attending. We set up a large tent with chairs and speakers on the outside of the building so that they could hear everything being discussed in the meeting. Nobody ever complained. We also had a volunteer out in the tent collecting questions to bring us during the question and answer period at the end.
ElleN (Idaho)
Posts: 4,420
Posted:
RogerJ1, I advise that you write the board the following:

Dear Board of Directors,

I am concerned that the room the HOA has reserved for the annual meeting will be insufficient in size. Typically 60+ owners attend the annual meeting. The room is limited to 40 occupants.

All who wish to attend should have the chance to hear all remarks, respond and participate in general. If all who wish to attend the March 21 annual meeting cannot attend on account of the space limitation, then this is denial of their lawful membership rights.

Please consider changing the venue to an appropriately sized room. I have contacted ___, ____, and ____ and they all currently have space available. If I can help with a reservation, please let me know.

Sincerely,

name
address
phone number
email addie

Notice of course will become a problem. Best practices would be to assume a new notice is required, with all clocks reset. This of course delays the meeting further. If this board is rog-uish, then there's no good choice here.

If the Board does not change the venue, then as soon as the meeting starts, someone should motion as follows:

I, [state your name], motion that the annual meeting be adjourned to a date sometime within the next 30 days. I ask that the President ensure that the vote on this motion include those waiting outside the room.

Come prepared with ballots to hand out to all.

After the meeting, report back here for more suggestions as needed.

As always, be prepared for retaliation, like the board's blaming the delay in holding this meeting on you, accompanied by lies and the board's promoting a pile-on against you.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/13/2023 7:23 AM
RogerJ1, I advise that you write the board the following:

Dear Board of Directors,

I am concerned that the room the HOA has reserved for the annual meeting will be insufficient in size. Typically 60+ owners attend the annual meeting. The room is limited to 40 occupants.

All who wish to attend should have the chance to hear all remarks, respond and participate in general. If all who wish to attend the March 21 annual meeting cannot attend on account of the space limitation, then this is denial of their lawful membership rights.

Please consider changing the venue to an appropriately sized room. I have contacted ___, ____, and ____ and they all currently have space available. If I can help with a reservation, please let me know.

Sincerely,

name
address
phone number
email addie

Notice of course will become a problem. Best practices would be to assume a new notice is required, with all clocks reset. This of course delays the meeting further. If this board is rog-uish, then there's no good choice here.

If the Board does not change the venue, then as soon as the meeting starts, someone should motion as follows:

I, [state your name], motion that the annual meeting be adjourned to a date sometime within the next 30 days. I ask that the President ensure that the vote on this motion include those waiting outside the room.

Come prepared with ballots to hand out to all.

After the meeting, report back here for more suggestions as needed.

As always, be prepared for retaliation, like the board's blaming the delay in holding this meeting on you, accompanied by lies and the board's promoting a pile-on against you.

This is good advice. Thank you.
MaxB4
Posts: 3,513
Posted:
Just when I thought I had seen it all.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/13/2023 7:23 AM

If the Board does not change the venue, then as soon as the meeting starts, someone should motion as follows:

I, [state your name], motion that the annual meeting be adjourned to a date sometime within the next 30 days. I ask that the President ensure that the vote on this motion include those waiting outside the room.

Come prepared with ballots to hand out to all.

After the meeting, report back here for more suggestions as needed.

As always, be prepared for retaliation, like the board's blaming the delay in holding this meeting on you, accompanied by lies and the board's promoting a pile-on against you.

Thanks for the advise. I am not sure what will happen. A not on the Board's attitude: I pointed out the new meeting notice has no agenda/meeting purpose listed and that a agenda/meeting purpose needs to be part of the notice per law. The response was a refusal stating that the agenda for the original meeting was already sent before the canceled meeting. There is no burden to copy it to the new meeting notice and I would think most legal bodies would conclude that the original agenda, which stated a different time and a different place and was for a meeting that was canceled is not proper notice for the new meeting.
ElleN (Idaho)
Posts: 4,420
Posted:
Roger, I do not see anything in TPC 209 that requires that the annual meeting notice include an agenda/purpose. Got a citation?

Best practices for notice says an agenda should be included. But best practices is not the same as black letter law. The agenda issue here is not a hill on which I would want to die.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By ElleN on 03/13/2023 7:23 AM
RogerJ1, I advise that you write the board the following:

Dear Board of Directors,

I am concerned that the room the HOA has reserved for the annual meeting will be insufficient in size. Typically 60+ owners attend the annual meeting. The room is limited to 40 occupants.

All who wish to attend should have the chance to hear all remarks, respond and participate in general. If all who wish to attend the March 21 annual meeting cannot attend on account of the space limitation, then this is denial of their lawful membership rights.

Please consider changing the venue to an appropriately sized room. I have contacted ___, ____, and ____ and they all currently have space available. If I can help with a reservation, please let me know.

Sincerely,

name
address
phone number
email addie

Notice of course will become a problem. Best practices would be to assume a new notice is required, with all clocks reset. This of course delays the meeting further. If this board is rog-uish, then there's no good choice here.

If the Board does not change the venue, then as soon as the meeting starts, someone should motion as follows:

I, [state your name], motion that the annual meeting be adjourned to a date sometime within the next 30 days. I ask that the President ensure that the vote on this motion include those waiting outside the room.

Come prepared with ballots to hand out to all.

After the meeting, report back here for more suggestions as needed.

As always, be prepared for retaliation, like the board's blaming the delay in holding this meeting on you, accompanied by lies and the board's promoting a pile-on against you.

As a manager, I would file this nonsense in the round file under my desk.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/13/2023 1:31 PM
Roger, I do not see anything in TPC 209 that requires that the annual meeting notice include an agenda/purpose. Got a citation?

Best practices for notice says an agenda should be included. But best practices is not the same as black letter law. The agenda issue here is not a hill on which I would want to die.

I find nothing specific on annual meeting in the Texas Property Code. Perhaps there is no requirement, but since an annual member meeting appears higher than a board meeting, I would think those open board meeting requirements under Sec. 209.0051 would hold for annual meetings??

For reference: Sec. 209.0051 OPEN BOARD MEETINGS, section e) state: "(e) Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session."

Perhaps it does not apply to annual meetings, but that seems strange that board meetings, which tend to deal with monthly or quarterly management of the association, would have the requirement but not annual meetings, which seem more long term, impactful decisions making.

It is in the association's bylaws though: Section 4. Notice of Meetings. It is he duty of he Association to send to each Member of he Association written notice of
each annual or special meeting of the Association stating the purpose of the meeting, as well as the time and place where it is to be held.

Yes, I agree on it not being important as a single issue. Instead it is one of many, so it would be part of a pool of evidence if anyone challenged the validity of the meeting overall.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RogerJ1 on 03/13/2023 2:49 PM
It is in the association's bylaws though: Section 4. Notice of Meetings. It is the duty of he Association to send to each Member of he Association written notice of each annual or special meeting of the Association stating the purpose of the meeting, as well as the time and place where it is to be held.
This bylaw does not conflict with any statute, and therefore, it is enforceable. Caveat: if the sole purpose of the annual meeting is to elect directors, and the bylaws say as much, I have seen HOA attorneys argue in court successfully that the HOA materially kept up its end of the contract merely by disclosing the bylaws to buyers at purchase.

If owners are supposed to vote on anything other than the election of the directors, then per this bylaw, I say it must be on the notice.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/13/2023 3:06 PM
Posted By RogerJ1 on 03/13/2023 2:49 PM
It is in the association's bylaws though: Section 4. Notice of Meetings. It is the duty of he Association to send to each Member of he Association written notice of each annual or special meeting of the Association stating the purpose of the meeting, as well as the time and place where it is to be held.
This bylaw does not conflict with any statute, and therefore, it is enforceable. Caveat: if the sole purpose of the annual meeting is to elect directors, and the bylaws say as much, I have seen HOA attorneys argue in court successfully that the HOA materially kept up its end of the contract merely by disclosing the bylaws to buyers at purchase.

If owners are supposed to vote on anything other than the election of the directors, then per this bylaw, I say it must be on the notice.

On the canceled meeting agenda were some actions that require a vote:

Approval of budget.
Approval of 2022 annual meeting minutes.

Also, this mistake or error or nothing at all is not an issue by itself to me, but it is one of others. The only reason I mentions it is the Board refused to send one out, referring to the old one, when asked about it. If it were a big ordeal, like manual labor rebuilding a multi-hour project, I could understand not doing it, but it would just entail sending out an email of a copy-paste of the old agenda. So no burden.
RogerJ1 (Texas)
Posts: 550
Posted:
I think everything just ended. In a subdivision wide email, the Godwin's Law was just invoked.
RogerJ1 (Texas)
Posts: 550
Posted:
Update: Meeting held tonight. There were around 40 in the room. Management company vote lost 25 to 17, but Board is saying it is not valid because meeting was broke up by county constables. One of the Board's spouses, an ex professional basketball player, stood up yelling at a lady. Room cleared. About 20 library patrons, because the yelling was so loud, were gathered outside of the room, and multiple people called 911. @ constables vehicles arrived with 5 to 6 officers.

The vote was taken, and tallied, but again the sour-grapes board is claiming a redo is needed. Who knows where this end....litigation is in the air as it has been for the last few years.
SheliaH (Indiana)
Posts: 6,964
Posted:
If memory serves, Godwin's Law means the longer an online conversation goes, the more likely someone will say something about Hitler and/or the Nazis, so I don't know what you meant in your last post regarding the community-wide email. Why so cryptic?

Now regarding this annual meeting, there are a few gaps. Why would there be a vote on the management company during the annual meeting - aren't annuals usually reserved for recapping the last year, announcing plans for this year, a resident forum, and board elections (such as they are in your community - excuse me, your relative's community)? What prompted all the screaming and shouting that caused the cops to show up? What does the ex-basketball player's status have to do with him yelling at anyone - did they throw hands too?

It does look like this community may have to find another place to meet thanks to all this confusion - if you know of a place, now's the time to speak up. But first, everyone needs to calm down, take a few deep breaths and consider what did happen at the meeting. Personally, I'd let the votes taken prior to the cops breaking up the meeting stand, but the board is probably saying it doesn't because the meeting wasn't adjourned properly.

So what happens now? Well, you may need yet another meeting and maybe this time the association attorney needs to run it because clearly, your board is incapable of doing so. Yes, someone can sue and it'll probably come to that, but who will that be? So far, all you've done is complain - I haven't seen where you tried writing some of the letters ElleN has suggested or anything else others have suggested (I don't care if you don't take any of mine because I don't live in your community), so we don't know if something's worked or not.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By SheliaH on 03/22/2023 4:54 AM
If memory serves, Godwin's Law means the longer an online conversation goes, the more likely someone will say something about Hitler and/or the Nazis, so I don't know what you meant in your last post regarding the community-wide email. Why so cryptic?

Joking but a reference to gestapos is what happened in an email chain.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By SheliaH on 03/22/2023 4:54 AM
If memory serves, Godwin's Law means the longer an online conversation goes, the more likely someone will say something about Hitler and/or the Nazis, so I don't know what you meant in your last post regarding the community-wide email. Why so cryptic?

Now regarding this annual meeting, there are a few gaps. Why would there be a vote on the management company during the annual meeting - aren't annuals usually reserved for recapping the last year, announcing plans for this year, a resident forum, and board elections (such as they are in your community - excuse me, your relative's community)? What prompted all the screaming and shouting that caused the cops to show up? What does the ex-basketball player's status have to do with him yelling at anyone - did they throw hands too?

In a time limited meeting of 1 hour and 20 minutes, running short on time at ~15 more minutes to go, one of the board members, who was appointed after losing 3 elections last year - so not elected, requested something immaterial be added to last years annual meeting minutes. The current board was going on and on about it - they were clearly wasting time as they had been over trivial matters most of the meeting to that point. Then, last year's President, from the floor, made comments about the comment to be added to the minutes. She did so in a factual and peaceful manner. The spouse of the appointed board member asking for the comment to be added, the basketball player - my point on that was the size difference between him and the lady, starting yelling at previous board president, which quickly followed by him stating something along the lines, "I am going to knock your block off" at which point the past board president's husband came to her rescue shouting for the threatening person to sit down. The meeting chair then gaveled to state "this meeting is adjourned" which per Robert's Rules, which our association is to follow per its by-laws, states that adjournment is a privileged motion that a chair can do and which does not need to be seconded, nor voted, in cases of emergency, which I assume a room clearing, followed by constables investigating, would be.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RogerJ1 on 03/21/2023 8:33 PM
Management company vote lost 25 to 17
What exactly did this vote concern?

Thank you for the update. Five or more police appearing is a record.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/22/2023 6:29 AM
Posted By RogerJ1 on 03/21/2023 8:33 PM
Management company vote lost 25 to 17
What exactly did this vote concern?

Thank you for the update. Five or more police appearing is a record.

"Approval to hire a management company" in a yes/no vote.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RogerJ1 on 03/22/2023 7:59 AM
"Approval to hire a management company" in a yes/no vote.
Do the bylaws require owners' approval to hire a management company? This would be unusual.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By ElleN on 03/22/2023 11:25 AM
Posted By RogerJ1 on 03/22/2023 7:59 AM
"Approval to hire a management company" in a yes/no vote.
Do the bylaws require owners' approval to hire a management company? This would be unusual.

No, the by-laws are silent to that exact authority but an early draft of the current by-laws stated the board could hire one at its decision, but that clause was removed or the by-laws would not win approval.

The by-laws do limit the board to $5,000 in expenditures without association vote approval hence why the vote was requested just as it was last year when it was approved to hire a specific company at a specific price. That company was run off twice in its full management contract and recently, for third time, in an accounting only contract.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RogerJ1 on 03/22/2023 12:43 PM

The by-laws do limit the board to $5,000 in expenditures without association vote approval hence why the vote was requested just as it was last year when it was approved to hire a specific company at a specific price.
Got it. Thank you.
BillH10 (Texas)
Posts: 1,217
Posted:
Someone at the 'run-off' management company must be pretty desperate if they are in contention for a contract with your association after having been fired three times.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By BillH10 on 03/22/2023 1:49 PM
Someone at the 'run-off' management company must be pretty desperate if they are in contention for a contract with your association after having been fired three times.

Yup.

At this point, that company has to be wondering if this contract is worth all that if this community can't even act like grown-ups at an annual meeting. I'd probably say the hell with it - we're out and good night.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By BillH10 on 03/22/2023 1:49 PM
Someone at the 'run-off' management company must be pretty desperate if they are in contention for a contract with your association after having been fired three times.

That company was mistreated by the board - as I understand it, a board member even sent a home-made cease and desist letter to the management company after the management company gave the reason it left to the whole board. That company likely wishes it never heard of our association - to return is something it would not consider.

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