Quote:
Posted By JacquelineB2 on 10/06/2008 11:24 AM
The members and the board had a special meeting to acquire a special assesment, it fell through because the majority of people voted against it. This was a month ago, now the members have just received another letter asking for votes for the same thing, it looks like the board is trying every couple of months to ask for votes on a special assessment and hoping that no one will show up, so the board can then use the Fruditiary Rule, the board will vote yes because it's in our best interest. What is the timeframe between meetings, or does one exist....
Jackie
Jacqueline,
As Roger said, the board can call another special meeting. I don't understand your reasoning that the board can just vote yes because it's in the member's best interest if the members keep voting the special assessment down. Do your docs really say this? Frankly, I've never heard of such a thing. Yes, the board has a fiduciary duty to do what's in the best interests of the assn, but this does not mean they can do something that would be in violation of the gov. docs. If the gov. docs. explicitly say a special assessment requires the vote of a certain % of the members, that's the only way a special assessment can take place.
Your bylaws should say what the timeframe is between meetings; however I doubt there is one. Generally speaking a special meeting can be called at any time for whatever reason the board deems necessary.