PaulH3 (Connecticut)
Posts: 29
Posts: 29
Posted:
Our Bylaws state:
“Section 3.1 – Annual Meeting
Annual meetings of the Unit Owners shall be held during the first week of November. At such meeting, the Directors shall be elected by ballot of the Unit Owners, in accordance with the provisions of Article II. The Unit Owners may transact other business at such meetings as may properly come before them.”
I think that is pretty clear. However, I contacted our management company to find out if they knew exactly when and where the meeting would be held. The response I got was along the lines of, “We manage a lot of developments that are from the same developer. They have the same exact clause in the Bylaws of all the HOAs that were created by them. We do not have the time for another annual meeting at the beginning of November.”
What do we do?
1.We could hold the meeting outside of the first week of November, but that would be in violation of the Bylaws.
2.Changing the Bylaws would be out of the question since we don't have the time necessary to notify the Unit Owners, assemble a meeting and vote.
3.We could hold the meeting without the management company being present. However, I believe that their participation would be necessary to help address some of the questions that are bound to come up from the Unit Owners.
4.Last, we could insist that the management company make a representative available to participate at our annual meeting. The agreement that is in place with the management company clearly defines that they are to attend Association member meetings annually. They signed a contract that stated that the meeting is held during the first week in November. That same contract also states that they agreed to attend.
Do we hold their “feet to the fire” and insist that they attend the meeting during the period defined?
“Section 3.1 – Annual Meeting
Annual meetings of the Unit Owners shall be held during the first week of November. At such meeting, the Directors shall be elected by ballot of the Unit Owners, in accordance with the provisions of Article II. The Unit Owners may transact other business at such meetings as may properly come before them.”
I think that is pretty clear. However, I contacted our management company to find out if they knew exactly when and where the meeting would be held. The response I got was along the lines of, “We manage a lot of developments that are from the same developer. They have the same exact clause in the Bylaws of all the HOAs that were created by them. We do not have the time for another annual meeting at the beginning of November.”
What do we do?
1.We could hold the meeting outside of the first week of November, but that would be in violation of the Bylaws.
2.Changing the Bylaws would be out of the question since we don't have the time necessary to notify the Unit Owners, assemble a meeting and vote.
3.We could hold the meeting without the management company being present. However, I believe that their participation would be necessary to help address some of the questions that are bound to come up from the Unit Owners.
4.Last, we could insist that the management company make a representative available to participate at our annual meeting. The agreement that is in place with the management company clearly defines that they are to attend Association member meetings annually. They signed a contract that stated that the meeting is held during the first week in November. That same contract also states that they agreed to attend.
Do we hold their “feet to the fire” and insist that they attend the meeting during the period defined?