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GlennG (Idaho)
Posts: 5
Posted:
Hello All, I am the president of a HOA in Idaho. We happen to have a commercial building in our PUD that houses a Learning Center School. They pay a higher dues than the regular homeowner does. They the Learning center is requesting to be put on our Agenda for our Annual meeting under new business. They want to ask the community if they want to sell our community center to them. We as the BOD have stated to them that we dont want to sell the center. Do we have to allow them to be put on the agenda? As the law in Idaho states if you have a community piece of property you have to have 100 percent to sell it. There are 5 homeowners on the Board and we all say no. But the Learning center homeowners want to hear from the other homeowners. They feel they should be allowed to talk about there business at the meeting. We have other homeowners who have businesses in the area but not in the PUD and we do not allow them to talk about their business.

My question is should we as the BOD allow them to speak at the meeting?

Thank you for your input in this matter
GeraldT4
Posts: 1,022
Posted:
GlennG - Yes you should absolutely let the learning center reps be placed on the agenda as new business, speak, and make their presentation. Unlike the other businesses, the center is within the property of the HOA.

As well, a fiduciary/BOD should appreciate that formation of an opinion should be reached after one seeks and learns the opinions of all the constituents, the owners at large. While 5 of you may have made up your minds, what say everyone else? Your BOD may want to hold a special meeting of owners for a presentation and discussion with owners. There may be incredible incentives to selling or advantages to not selling.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Glenn,
Yes, I also would put them on the agenda. This common property belongs to all of the members and all are entitled to their opinions. Who knows, you may have to put this to a vote of the membership someday and this is perfect at your annual meeting, the opportunity for all to hear the proposal and offer. As Gerald said, sale of it might have some hidden benefits that you are not aware of.
JosephW (Michigan)
Posts: 882
Posted:
Yes, they should be allowed to speak at the meeting. But don't assume that the only thing they will talk about is the sale of the community center. It won't hurt anybody to hear what the other owners have to say. My guess is they want to judge the level of interest (positive or negative) and possibly come back with a different or better offer. If I were the Learning Center people, and I knew that the liklihood of purchasing the building was slight, I'd still start off with that, but then come back with something that wouldn't require the sale, maybe a long-term lease??? In other words, hit you with the far-out one, then come back with something more reasonable.

Joe

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PaulM (Pennsylvania)
Posts: 1,347
Posted:
GlennG: Since you do have a commercial bldg. in your PUD and these folks pay dues (probably a rental fee?), I agree that it is in the Association's best interests to allow them to speak at a meeting. No doubt they will present the upside of why it would be a positive move for the Assn. to sell the School bldg. to them. And, perhaps, after they make their presentation, it will sound slightly more favorable to the Board and homeowners.

I am not in a position to encourage you to sell the school, but I would challenge you to listen to their talk and think about it. You have not stated why the Board is so against it, but are your reasons valid and for the overall good of the association membership?

There are a lot of reasons to sell and have the Learning Center Officials then be the sole responsible party for the building, while the Association could still enjoy a rental fee if the bldg. resides on Association common ground.

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