Special Meetings

Has any board member ever called a special meeting of the Association so directed by the resolution of the Executive Board?

We have some issues we want to discuss with our builder/developer (who is the President of our Associaton who has been avoiding us) and want to call such a meeting. Our declaration states we can call such a meeting with a petition signed by 25 perent ofthe votes in the Association.. The notice has to state the time, palce and purpose therof. No business shall be transacted at a special meetint except as stated in the notice.

I am new to the board as is my neighbor who is also on the board. Does this mean we can petition 25 % of the owners and call a special meeting and force the President of the Assocation (who also is the builder and a property owner) to attend our meeting?

Any advice would be appreciated.

Maureen - check your bylaws to see if the Board can call its own Special Meeting.

Usually, Members need to get up the petition if they want one, but I've never heard of the Board having to go back to the Members to call its own Special Meeting.

Maureen,

As Susan has stated, usually the bylaws state the Pres, a majority of the board members or a certain % of the members may call for a special meeting of the members.

You mentioned the number of lots owned by the builder then stated the declarant owns the remainder. Aren't they one and the same? Usually the declarant has a certain number of votes per unsold lot; oftentimes it's more than one vote per unsold lot which ensures him the majority of votes while still in control of the assn. Normally the members of the assn, excluding the declarant are called Class A members and they have only 1 vote per lot owned. The declarant is called a Class B member and oftentimes has more than one vote per unsold lot. After transition the Class B member (the declarant) becomes a Class A member and reverts back to only having 1 vote per unsold lot. The Class A and b memberships should be outlined in your CCRs.

Maureen,

The answers to all your questions SHOULD be found in your bylaws and CCRs. You posted the following info "if the Declarant onws or hold title to one or more Units, the Declarant shall have the right at any meeting of the Association to cast the votes to which such Unit or Units are entitled," now you need to find out about "the votes to which such unit or units are entitled". However, even if the declarant only gets 1 vote per unsold lot it appears he has the majority vote between what he owns and what his son owns. Have you double-checked your bylaws to see if a majority of the board members may ask for a special meeting of the members? Are there more than 2 h/o's on the board or does the declarant have the majority vote there too?

>>>We have some issues we want to discuss with our builder/developer (who is the President of our Associaton who has been avoiding us) and want to call such a meeting.<<<

What makes you think he'll show up?

You said your CCRs state 25% can call for a special meeting, yes? So that's the answer, I think.

Maureen,
I expect MaryA pretty much sums it up as far as special meeting are concerned.

You are in a tough spot and about all you can do, as I see it, and you can't work it our with the developer, is to call a Town Hall Meeting and have the owners discuss it. I would first get a little organization so you can run the meeting orderly, then see where the rest of the owners fall.