Quote:
Posted By BarbaraD12 on 06/14/2023 10:19 AM
Unfortunately, our association was self managed up until three years ago and never voted on whether or not to have an audit. Therefore, no professional audit was ever done. The reigning president and treasure at that time reviewed the financials. We now have a management company and are implementing the vote.
Since there are only 18 units, what happens if it is a split vote? I guess that’s where we are unclear. If 10 vote in favor of an audit and 8 vote no, 10 is not 60%. Would the no’s win?
I am new to this association and was appalled at how things were being self managed. I’ve made it my mission to help with getting it on track despite a lot of opposition.
Barbara, you are misreading the covenant and the state statute. The HOA is
required to have the audit
unless at least 60% vote to waive it. Assuming there are 18 units with one vote per unit, then eight units voting "no" represents 44.4% voting no. This means the audit is
not waived. In other words, statutes and your bylaws require the audit.
If the board does not understand this, then you folks should maybe hire an attorney for a year or two and ask questions early and often. Let the attorney educate you.