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RichG1 (Florida)
Posts: 1
Posted:
Last HOA metting we were unably to attend and I gave my proxy to the president. We discussed what was to be the topics of discussion they were new board members ,review of budget, and security lites on homes. that was all. Two days later I asked what the outcome was of the meeting and he told me the lite issue and new board members. He also stated that the dues have increased $50.00 per calander year. I stated why was this increased and he said after budget review he felt that we needed fence repair future money. We use to have these reserves before he spent the money on other repairs he deemed necessary. He also had the largest amont of proxies to vote for what he demed necessary. Yes we voted on some of the previous projects as a community and the president at that time was confronted on wether we should spend the fence reserves and he stated the fench would not need repairs for many years to come.Be aware that the board members dues are waved for the year they are in office. My question is can the proxies be revoked to the person given and the homeowners be made aware of the due increase with a future meeting, because it was not stated on the agenda that this was to happen.
Thank You
SusanW1 (Michigan)
Posts: 5,202
Posted:
Check your bylaws for dues increase procedures. This is such an important issue that all members should have had notice that there was an increase vote possibility at the meeting. Were all members notified about the increase vote?

All members are suppose to be notified what the agenda is - especially a dues increase - that may require more than a majority vote of the members (2/3?). this protects persons who want to file an absentee ballots and proxie givers.

Having said that, unless your one vote would make a difference, it probably is too late to object UNLESS no Notice of the Meeting was given about this very important vote.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Rich,
Meeting agendas must be made available and posted on any subject that will require a vote by the members. Was this posted--the items that were voted on? You signed a proxy over to the President without knowing what you were going to give him power to vote on? No, your proxy cannot be revoked except if they did not follow proper meeting requirements.

Reserve funds are required by the State and cannot be used for repairs. They are for "Capital Improvements". But on the other hand, $50.00 is not a huge amount to be assessed anually.

Boy, I would like to be on your Board if it meant that I would not be required to pay my dues while in office.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
RichG1: You gave your proxy, "power to cast a vote", over to the President who explained the topics of discussion (and vote)would be ..."new board members ,review of budget, and security lites on homes." You learned later ..."the outcome was of the meeting and he told me the lite issue and new board members. He also stated that the dues have increased $50.00 per calander year. I stated why was this increased and he said after budget review he felt that we needed fence repair future money. .."

IMO, the items to be discussed WERE discussed and voted upon; the dues increase IS part of the budget review for which you gave your authority to the President to vote for you. In my opinion there is not 'just cause' for a recount.

If the fence is a capital expense item, then the cost for its repair and maintenance should be included as part of the assessment fee, as should all the capital items, and paid by all members.

Board members should not be excused from payment of dues while they are in office--unless your official documents clearly allow it. IMO, this is not ethical, and could certainly be abused by one holding multiple terms of office and possibly ensuring that 'he/she' is re-elected.... Also, to put it another way, Board members are never paid, and your association is 'paying them' by excusing them from payment.

DonN (Michigan)
Posts: 357
Posted:
RichG1

Two problems in what you describe. First, the major business to be conducted at the meeting must be included in the notice. The notice provides members the protection against surprises. You were surprised by a vote on a dues increase.

Second, understand what you sign. If you signed a general proxy — meaning that the proxy holder acts for you at the proxy holder's discretion — then you provided a "blank check" to the proxy holder to do whatever he/she wanted to do. Best to provide a directed proxy in which the proxy giver defines specifically what the proxy holder is to do. The proxy giver should include the direction to abstain on all other matters.

Your course of action is to protest to the board that the vote on the dues increase was invalid because it was not noticed. As others have advised, check your governing documents.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Paul,
Florida is very explicit on how meetings are posted and agendas are to be followed. It doesn't matter how much discusson there was between anyone. IF the items that were voted on were not on the agenda, they cannot vote to enact anything. If Alex did not see on a posted notice of meeting and it's agenda, then that was not a proper meeting. He was very careless or ignorant to how his proxy was used if he did not know the rules.

And yes, why would any document allow for excused payment from Board members?
DonN (Michigan)
Posts: 357
Posted:
RichG1

Two problems in what you describe. First, the major business to be conducted at the meeting must be included in the notice. The notice provides members the protection against surprises. You were surprised by a vote on a dues increase.

Second, understand what you sign. If you signed a general proxy — meaning that the proxy holder acts for you at the proxy holder's discretion — then you provided a "blank check" to the proxy holder to do whatever he/she wanted to do. Best to provide a directed proxy in which the proxy giver defines specifically what the proxy holder is to do. The proxy giver should include the direction to abstain on all other matters.

Your course of action is to protest to the board that the vote on the dues increase was invalid because it was not noticed. As others have advised, check your governing documents.

DonN (Michigan)
Posts: 357
Posted:
RichG1

Two problems in what you describe. First, the major business to be conducted at the meeting must be included in the notice. The notice provides members the protection against surprises. You were surprised by a vote on a dues increase.

Second, understand what you sign. If you signed a general proxy — meaning that the proxy holder acts for you at the proxy holder's discretion — then you provided a "blank check" to the proxy holder to do whatever he/she wanted to do. Best to provide a directed proxy in which the proxy giver defines specifically what the proxy holder is to do. The proxy giver should include the direction to abstain on all other matters.

Your course of action is to protest to the board that the vote on the dues increase was invalid because it was not noticed. As others have advised, check your governing documents.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Donna -

You said - "IF the items that were voted on were not on the agenda, they cannot vote to enact anything."

Is that right? I know there are certain things that must be Noticed to the Members (like dues increases), but are you saying there can be NO motions made and passed at an Annual Meeting without them being on the agenda?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan,
Rich G's meeting is very confusing to me because I am not sure what kind of meeting it was. He stated that the purpose of the meeting was to ?(don't know what he meant)Board members, review of budget and security lites.

What does "new Board members" mean? He stated that "review of the budget "but the President said that the budget passed with a dues increase of $50.00. Now to me reviewing and enacting the budget are far apart.

So before I make any statements about what they did not follow according to State statutes, I want to find out what the actual agenda said, if indeed they even had one. If this was an annual meeting (the new Board members statement), then ONLY what was on that agenda was valid. Boards always have some leeway at regular board meetings but Florida is very strict on procedure for the 1 required meeting per year.

Regular Board meeting have "old business and new business" which they are free to vote on items under those listings as they arise spontaniously but certainly his budget and new Board members does not fall under that. Many different areas on holding Board meetings state that a meeting AND agenda must be posted properly. (either 48 hours or 14 days, depending on what type of meeting it is)
SusanW1 (Michigan)
Posts: 5,202
Posted:
I had supposed this was an Annual Membership meeting - which is NOT a Board meeting and the Board should not be taking a superior role there. (It's even suggested that Board members sit with the general members, with the presiding officer and the secretary seated together to the side.) Board committees make their reports and the Board lets the members know what they have been doing all year.

But this is the MEMBERS meeting, so members can make motions at their own meeting . . .most pass with a majority vote of present members.

Of course, any bylaw amendments and dues increase will have their own procedures described in the bylaws or other documents, and may require previous Notice and a 2/3 majority vote of the members.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Susan,
I have to disagree with you. Florida HOA Statute 720 which addresses the annual meeting, does not allow motions from the floor at this type of meeting. The sitting President heads the meeting along with whoever is taking the minutes. Verification of the posting is required and asked as each meeting begins. The posted agenda must be followed.
Our Association has the owner of our Management company and our P.M lead the meeting whenever we have any type of elections. Committee reports are not done at annual meetings. Our Documents and most in Florida do not allow any motions passed from members in attendance but require a percent of ALL members. (usually 2/3rds or whatever) Please take the time to read Fl. State Statutes 720 as they are extremely thorough and address almost everything that you can think of.
SusanW1 (Michigan)
Posts: 5,202
Posted:
I'll check that out. I am not in FL.

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