Special Meetings

Started by DorothyJ2 • 6 replies • 1397 views

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DorothyJ2 (Idaho)
Posts: 11

Posted:

Our Board and Association has been in caos over some trees in the common area that were cut without a vote and compliance with the Covenants. Can a member call a special meeting on the subject to discuss. The new president was involved in the illegal cutting of the trees and paid part of the cost.

Can a member hand out informational documents at a special meetimng

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DorothyJ2 on 08/05/2013 4:23 PM
In previous message I failed to advise that we do not have any By-laws regarding who can call a meeting.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dorothy

Most docs will tell you how to call a Special Meeting. There are usually several ways to do such. As examples: Some can be called by as little as 10% of owners requesting such. Some can be called by any member of the BOD requesting such. Read your docs as to how and the proper procedure to do so.

That said, what makes you assume the BOD was wrong in doing what they did? Liking what they did and them having the right to do so are two different subjects.

Be sure you have your ducks in a row.

Hope this helps.

GlenL (Ohio)
Posts: 5,491

Posted:

Dorothy, if your HOA is chartered as a nonprofit corporation in Idaho then I believe this would apply:

TITLE 30
CORPORATIONS
CHAPTER 3
IDAHO NONPROFIT CORPORATION ACT
30-3-47. Special meeting. (1) A corporation with members shall hold a special meeting of members:
(a) On call of its board or the person or persons authorized to do so by the articles or bylaws; or
(b) Except as provided in the articles or bylaws of a religious corporation if the holders of at least ten percent (10%) of the voting power of any corporation sign, date and deliver to any corporate officer one (1) or more written demands for the meeting describing the purpose or purposes for which it is to be held.
(2) The close of business on the 30th day before delivery of the demand or demands for a special meeting to any corporate officer is the record date for the purpose of determining whether the ten percent (10%) requirement of subsection (1) of this section has been met.
(3) If a notice for a special meeting demanded under subsection (1)(b) of this section is not given pursuant to section 30-3-50, Idaho Code, within thirty (30) days after the date the written demand or demands are delivered to a corporate officer, regardless of the requirements of subsection (4) of this section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to section 30-3-50, Idaho Code.
(4) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office.
(5) Only those matters that are within the purpose or purposes described in the meeting notice required in section 30-3-50, Idaho Code, may be conducted at a special meeting of members.

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DorothyJ2 (Idaho)
Posts: 11

Posted:

Thanks for your replies. We do not have any By-laws for the association nor is it coverered in our
CC&R's. I had spoken with an attorney and told me to proceed since it is NOT addressed in our governing documents. I have since realized that even w/o that I should have called it through the President. I turned it over to her and she rescheduled.

DorothyJ2 (Idaho)
Posts: 11

Posted:

DorothyJ2 (Idaho)
Posts: 11

Posted:

Regarding illegal cutting of the trees, our
Covenants state that "Common areas shall not be altered except with the written consent of not less than two-thirds of the voting power of the Association expressed in an amendmemnt to the Declaration duly recorded". There was never any kind of vote. President just sent out an email that depending on the negative input, he would determine whether to proceed. As a Board Member, urged and advised him to call a Board Meeting and/or a Special Meeting with all members. Didn't matter to him, he went ahead and cut them anyway. Several homeowners were told it didn't matter the response, they were coming down.

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