A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

HOA voting

Started by KevinK17 • 7 replies • 224 views

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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KevinK17 (Maine)
Posts: 1
Posted:
We live in a Non Profit HOA in Maine and the BOD has been having trouble getting enough votes at an annual meeting (July) so that the Declaration can be changed. A quorum is always met. Someone came up with the idea that they can hold a special meeting now, April 1, and hold the meeting open until the next annual meeting so homeowners can start voting now and the voting won’t be closed until just after the annual meeting starts on July 29. ( the voting will be open for 4 months). Is this allowed
MaxB4
Posts: 3,513
Posted:
So the saying goes, why do you have to have a quorum of a majority or 50%, when it takes 67% to change the CCRs?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KevinK17 on 03/27/2023 11:40 AM
We live in a Non Profit HOA in Maine and the BOD has been having trouble getting enough votes at an annual meeting (July) so that the Declaration can be changed. A quorum is always met. Someone came up with the idea that they can hold a special meeting now, April 1, and hold the meeting open until the next annual meeting so homeowners can start voting now and the voting won’t be closed until just after the annual meeting starts on July 29. ( the voting will be open for 4 months). Is this allowed
Many HOAs employ a strategy of voting over an extended period. Whether it is lawful will depend on the wording in your bylaws and statutes concerning votes "at meetings where a quorum is met."

To get the best responses, you would have to quote everything your bylaws say about voting; absentee ballots; proxies and more.

ElleN (Idaho)
Posts: 4,420
Posted:
KevinK17, the Maine Nonprofit Corporation Act gives the board enormous leeway to conduct votes electronically and remotely. Distribute the following to the board:

https://legislature.maine.gov/statutes/13-B/title13-Bsec604.html

https://legislature.maine.gov/statutes/13-B/title13-Bsec606.html

Take action as described in the statute section.

(Take "may" to mean "is hereby given the legal right to.")

These statute sections may very well be what the "someone" you named in your first post had in mind.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 03/27/2023 12:09 PM
KevinK17, the Maine Nonprofit Corporation Act gives the board enormous leeway to conduct votes electronically and remotely. Distribute the following to the board:

https://legislature.maine.gov/statutes/13-B/title13-Bsec604.html

https://legislature.maine.gov/statutes/13-B/title13-Bsec606.html

Take action as described in the statute section.

(Take "may" to mean "is hereby given the legal right to.")

These statute sections may very well be what the "someone" you named in your first post had in mind.

great links.
vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 03/27/2023 12:09 PM
KevinK17, the Maine Nonprofit Corporation Act gives the board enormous leeway to conduct votes electronically and remotely. Distribute the following to the board:

https://legislature.maine.gov/statutes/13-B/title13-Bsec604.html

https://legislature.maine.gov/statutes/13-B/title13-Bsec606.html

Take action as described in the statute section.

(Take "may" to mean "is hereby given the legal right to.")

These statute sections may very well be what the "someone" you named in your first post had in mind.

great links.
vis ta vie
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Some time back we were considering a change to our Covenants, needing 67% yeas. Our lawyer (one of the largest HOA firms in the state) said he could write up a document that would allow us to collect signatures on petitions for the period of one year. We did not do it for other reasons.
KerryL1 (California)
Posts: 14,550
Posted:
Our HOA started voting in 12/21 and finally tabulated secret ballots in 4/22. Our board di not even state when the ballots would be tabulated, but, rather, that they would be when sufficient numbers of ballots are returned to to suggest we'd reach 67% approval.

I'm guessing Kevin's board picked their annual meeting date because it logically makes sense. When ballots are sent out, however, I suggest on the cover letter it's stated that ballots will be tabulated at the annual meeting unless the Board feels more time is needed, or some such. You're presumably working with an HOA attorney anyway so ask them about the wording.

🎯 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

Terms of Use and Privacy Statement