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ShelleyD (Florida)
Posts: 42
Posted:
Can anyone tell me how to protest an annual election meeting. Our first meeting was adjourned because we didn't have a quorum and the board was told by our attorney they have not less that 10 or more than 60 days to hold another election. The president was not going to reschedule and continue business as usual until some homeowners demanded the new election and proxy's as promised. Now our election is July 16th and not everyone got a letter or proxy stating the date, place etc. It was brought to attention by the postal carrier that the mailman was picking the letters out of the mailboxes because they had no postage on them. Our own president doesn't know the procedure in our by-laws of how the letters have to be delivered for an annual meeting. Also, the letter stated to go to the website for nominees. Some of these people are older and have lived here for 40 years and don't have computers. The letter should have stated the nominees and didn't an the letter also did not have any contact information. Also, our secretary was given names weeks ago to put as nominees on the website and just put them in print this morning. Election tomorrow. Do we need an attorney present for this meeting? Any advise is greatly appreciated. Thank you.
TracieS (Colorado)
Posts: 460
Posted:
One of the items on my agenda is always "Proof of Notice". Do you do that? Some associations require the "proof" to be notarized. I would imagine if enough people state that they did NOT receive the meeting notice, then no meeting should be held.

We don't notarize the meeting notice for my super small association. We always just say (at that point on the agenda) - We're here, so we were noticed. Of course, we're in Super Casual Colorado, so no one usually cares if we're property noticed. I always mail the notice to myself, though, and I go into the post office to get the meters put on (these note the date) instead of using stamps.

I do NOT, however, ever notice in any way other than by pre-paid First Class Mail - which is how my CC&Rs require meetings to be noticed. Dropping notices in a mailbox just sounds like someone was trying to cut corners.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The notice of the annual meeting, with enclosed agenda, should have gone out by first class mail. Stuffing the mailbox with flyers is a No-No.

However, if no one objects to the procedure AT THE MEETING, then it probably will go on as planned. So if you can show that the notices were not delivered properly, then your could object to the meeting and they could set the date for another - and resend the notices properly.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Shelly,
Give it up Shelly. What does do WE need a lawyer mean? If YOU object to the procedure you should have a lawyer present. But would I be wrong to think this WE you refer to are a group of owners that have a standing battle with the Board?

Not a thing in the world wrong with that, if true, more power to you. As the other posters above said you certainly have reason for concern. It was also pointed out you should be there and make your case. You can call a Point of Order and ask the BOD to provide you with a proof the election is being held in accoprdamce with your By-laws. If they state the election is in accordamce, and you don't have a lawyer and you don't have enough support behind you, then demand that your objection be noted and live to fight another day. I don't know how convicted you are and we are, and that is going to rule the roast come election day.

Tell your group, you may not win this fight, but don't do anything to harm your chance for another trip to the plate.

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