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DebraP1 (California)
Posts: 8
Posted:
Do any one know when the homeowners have their annual election when there is an absent board, how they new board (homeowners) take power?
SusanW1 (Michigan)
Posts: 5,202
Posted:
The Annual Meeting is the Member's meeting, not the Boards. So you or omeone from the group calls the meeting to order, make a motion to elect a president pro tem (for the day) and have your meeting.

Your bylaws may speak about the annual meeting requirements.
Be sure all residents are invited to the meeting.
Be sure you have a quourm of members so the meeting is "legal" Take minutes.
Record all votes for any motions from the floor.

How is it that NO board members are attending this meeting?

MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan,

You say this all the time, but it's not the proper way to hold a member meeting in most assn's. Perhaps your bylaws state the members may hold their own annual meeting; but I've never heard of that being stated in any other bylaws. Most, in fact, state the Pres shall preside over ALL meetings of the assn. So, to state the members may elect a Pres Pro-tem to preside at a meeting is way out of line, IMO. This may be the procedure outlined in Robert's Rules of Order, but it's not the procedure that can be followed in the majority of HOAs.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By DebraP1 on 03/01/2009 12:40 AM
Do any one know when the homeowners have their annual election when there is an absent board, how they new board (homeowners) take power?

Debra,

I'm a bit confused with your statement. Can you tell us exactly what happened at the annual meeting? Who noticed the meeting? Were all board members absent? Were elections held? Why do you refer to the new board as "homeowners"? Homeowners always make up the board unless it's the BOD under declarant control. Sorry, we need more facts b/4 we can intelligently give an opinion.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The Annual Meeting is not optional; it is required and usually set in advance date. If Members show up and the president is not there, another officer presides, OR presiding officer could be elected to lead the meeting.

Are you saying that the president has that much power to prevent an annual meeting from taking place if he/she does not show up?

(In RONR, there could be vote to suspend the rules (that the president is the only one who can preside over a meeting) and elect someone to lead the business of the meeting.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By SusanW1 on 03/01/2009 7:07 AM
The Annual Meeting is not optional; it is required and usually set in advance date. If Members show up and the president is not there, another officer presides, OR presiding officer could be elected to lead the meeting.

Are you saying that the president has that much power to prevent an annual meeting from taking place if he/she does not show up?

(In RONR, there could be vote to suspend the rules (that the president is the only one who can preside over a meeting) and elect someone to lead the business of the meeting.

Susan,

No, I'm not saying the Pres. should or does have that much power. In the scenario you describe, if the Pres fails to show the V.P. would automatically take over as presiding officer. But, that's not what you said. You said a member would call the meeting to order and make a motion to elect a Pres Pro Tem. That is not standard procedure in any HOA that I've ever heard of. Perhaps your bylaws are set up that way, but not all assn bylaws are. The bylaws are the ruling authority here, not RONR. Frankly I would find it very strange, indeed, if the board noticed a meeting of the members and not one board member showed up. IMO, something is missing here!!!!

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