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SidneyP
(Florida)
Posts:276
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| 12/08/2007 11:00 AM |
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I need some help (Donna & all) about the Annual meeting...The President of our Board and I do not agree on the interpertation of the Annual meeting Bylaw. Our ByLaw states:
"The first annual meeting of the members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent reqular meeting of the members shall be held on the same day, of the same month of each year thereafter, at the hour of 7 o'clock pm., or on such other date as the BOD's may determine. If the day for the Annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday.
It is my understanding that this meeting is suppose to be for the election of officers and for the budget right. Therefore I content that it should be the first of the year as stated (thats when our first Board was elected after take over). The President/PM said that the the line that says "or on such other date as the BOD's my determine"., means they can pick any day, any month of the year. Last year the Annual meeting wasn't until May and this year the Board has set a date for March. This means the HO's are getting no information on the budget until then. I feel this is not right but am out voted. I am interputing that statement as meaning the closest date possible to the day of incorporation. Why would that time limit be included if the Board can pick any date they want?....Also do the HO's get a vote on the Budget or have any input whatsoever? |
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DonnaS
(Tennessee)
Posts:2792
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| 12/08/2007 1:40 PM |
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Sidney,
Your ByLaws state it nice and clear---that the annual meeting is required to be 1 year from the date of your incorporation (which you state was the first of the year). That really is a dumb way to write this because of the holiday, etc. What is should say is the "First Monday or Tuesday or whatever) But I would say better is 2nd Monday or Tuesday or whever. Holidays really mess up these early annual meetings.
But your Board does not have the option of holding it whenever they feel. The annual budget cannot be figured on a 14 or 15 month basis so what are they doing? It is Bylawed to be in January.
I would see if you can change the wording tho because it is way to irregular the way it is now. You will need to change wherever it is stated, probably in your Articles of Inc also. Then the ByLaws have to match that date change and this is done with an amendment to the Articles and Bylaws per a vote from the entire membership.
As for the Budget, NO, the Board enacts the budget but a good Board will hold workshops or rap sessions to work with the community on getting a working number that most people will be happy with. They have sole powers of enacting the annual budget. Sorry! |
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SidneyP
(Florida)
Posts:276
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| 12/08/2007 4:48 PM |
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| Donna...it is this one line that she says she (the President/PM) can make any date she wants. I say it means the closest date that is more convient to the members but as close to the date stated as possible. Since the Annual meeting was set for May, this is when the HO's got to vote for new officers. They held the office for 17 months before giving HO's a chance to vote and are doing the same thing again this year. We just had a Board meeting w/the budget on the agenda, only 3 HO's (six bodies-spouses) showed up. The notice was posted on the side of the mailbox...NO notices were sent to HO's that do not live on the property. I can understand not sending to HO's that live hours away in another state but I feel the ones who live locally should be notified. It seems I lose every battle....Our dues are due Jan.1, the CC&R's state that a notice muct be sent at least 30 days in advance, there has been NO notice sent as of today. The same thing last year, only w/a 10% increase, the HO's received no warning, it came as a shock. We still have 14 that have not paid the July dues. The President now wants to change the dues payable quarterly. She is changing this w/o HO's opinion. Isn't this an amendment and isn't a HO vote needed for this action? She says NO....Donna, I would really like to e-mail you privately, you seem to know so much and I am still learning. |
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SidneyP
(Florida)
Posts:276
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| 12/08/2007 4:51 PM |
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Sorry...I forgot to insert the line...
"or on such other date as the BOD's may determine" |
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DonnaS
(Tennessee)
Posts:2792
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| 12/08/2007 5:59 PM |
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She needs to be removed/ recalled/ hung out to dry. How many other Board members know that she is doing this completely against your Docs and the State? Will set up a box for you to communicate with. In the mean time, Google-- "Fl. Statute 720" and click on the first listed item. That is your Bible. Look under meetings, members, etc. |
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ShellyM1
(Utah)
Posts:1
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| 12/08/2007 7:48 PM |
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| Hi--new to discussion board. I don't understand why you say the membership has no say on the budget. the uniform code on HOAs specifically allows members to veto a budget. Many HOAs vote on the annual budget and that is one way to get a balance of power. In Utah 9where I am) we are introducing a bill to the legislators based on the uniform code and it will become law to allow HOs the right to vote down a budget. Granted it is a negative vote, in other words 66% of the members have to vote against a budget to make it fail, but never-the-less, they get to vote on it. |
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DonnaS
(Tennessee)
Posts:2792
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| 12/09/2007 6:26 AM |
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Welcome Shelly,
Unfortunately, in Florida, unless the individual governing documents state so, members do not vote on acceptance or denial of the annual budget. Good BOD's have informal sessions to get homeowner input but the BOD is strictly responsible for it;s passage of the annual budgets in. It doesn't seem quite like the right thing to do but that can be changed thru the State legislature and I hope that they get to it soon. |
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DonnaS
(Tennessee)
Posts:2792
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| 12/09/2007 6:27 AM |
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Oh Sure, now you give me the biggy. This is statement gives her the opening to change it, (the date) |
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SusanW1
(Michigan)
Posts:2116
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| 12/09/2007 10:02 AM |
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Work to change (amend) this bylaws so it is very clear. Bylaws should not be ambiguous and all this double talk and leeway to set the meeting gives power to the wrong people.
When does your annual year end?
The annual meeting should be within 2 months of that.
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DonnaS
(Tennessee)
Posts:2792
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| 12/09/2007 11:01 AM |
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Stanley,
This quote from your ByLaws gives your Board the right to set any date as they may seem fit . Ouch!, did not want to read that.
What you need to do is to copy us the original statement on the annual meeting to be scheduled on the anniversay date and then copy us where you got the above statement. Give us from where they came-- like bylaws, Articles of Incorp or wherever. Without that info, we cannot sort this out.
If these are in 2 different places, them we have a conflict in the documents as for requirement date of the annual meeting. Thank You |
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DonnaS
(Tennessee)
Posts:2792
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| 12/09/2007 1:55 PM |
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I meant to write---"THEN" we have a conflict. |
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