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ParkP
(Maryland)
Posts:31
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| 08/04/2008 8:25 PM |
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Been informed the petition to request special meeting associations to sign. Several association members are saying we also need new quotes from new management companies. Because the HO are not trusting the new management being related.I want to do this right . We are not in position to get qoutes, we can't hire or cancel contract.I do understand why this mistrust would be there.
Some HO are concerned that our annual meeting is coming up in October, the BOD's and relative management could say they collected more proxies than they did.How would we know ? The HO are afraid we vote them off they vote themselves back on.
Thanks for your help. This site is so helpful
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GlenL
(Ohio)
Posts:1466
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| 08/04/2008 9:22 PM |
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| Park its simple really. You have X number of homes in your Association; just make sure you have a majority of proxies the night of the meeting all properly filled out and signed. If you're really worried a quick stop at your local copy center will provide proof. |
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SusanW1
(Michigan)
Posts:2316
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| 08/05/2008 6:07 AM |
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Is there going to be a motion at the meeting (to rehire the MC)?
If so, there will be a "debate" time on the motion. Get up and state your concerns. Have your facts and concerns ready to list. Encourage a NO vote until a research committee can be formed to evaluate the contract.
Otherwise, if the Board has the power to hire and fire the MC, then the HO can give input, but have no power to hire or change companies.
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JeanneK3
(Maryland)
Posts:134
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| 08/05/2008 6:17 AM |
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| You have a right to examine the votes/proxies the night of the election. While the meeting is going on count them and see if they are proper. Also, before the meeting you and your friends should go door to door collecting proxies that allow you to cast the votes for individuals that can't be at the meeting. For the moment, I suggest you keep the management company that you have and see if they are responsive to a new board. |
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MaryA1
(Arizona)
Posts:2498
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| 08/05/2008 6:41 AM |
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Posted By ParkP on 08/04/2008 8:25 PM
Been informed the petition to request special meeting associations to sign. Several association members are saying we also need new quotes from new management companies. Because the HO are not trusting the new management being related.I want to do this right . We are not in position to get qoutes, we can't hire or cancel contract.I do understand why this mistrust would be there.
Some HO are concerned that our annual meeting is coming up in October, the BOD's and relative management could say they collected more proxies than they did.How would we know ? The HO are afraid we vote them off they vote themselves back on.
Thanks for your help. This site is so helpful
Park,
Correct me is I'm wrong, but it appears you have two separate issues:
1) displeasure with the current management company
2) voting new members onto the board at the October meeting
The issues you have with the management company should be addressed at a board meeting. Only the board has the power to hire a new management company or renew the contract of the current mgmt co. All you can do is voice your complaints and ask that they consider a new company. Make certain you have all your facts straight -- make no assumptions, only state factual information regarding their incompetence. That's about all you can do about this issue.
As Glen suggested you may gather proxies from members who will not be attending the annual meeting at which time board members will be elected. However, be certain proxies are allowed and also be certain you can be named a proxy. Some board require the proxies be given to a board member. This should be stated on the proxy.
At the annual meeting, a member may make a motion that the members can vote on. However, they cannot make a motion to do anything that the gov. documents do not give them the power to do and they cannot make a motion to override a decision of the board unless the gov. documents give them that power. Keep this in mind if you are planning to make a motion regarding the management company. It may just be a wasted effort, unless your goal is just to show the board how much support you have for your position.
Frankly, at this point, my first priority would be getting new members elected to the board. If this is a successful venture, then the new board can decide what to do about the management co. IMO, it's best to just concentrate your efforts on one thing at a time.
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MaryA1
(Arizona)
Posts:2498
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| 08/05/2008 6:46 AM |
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Posted By JeanneK3 on 08/05/2008 6:17 AM
You have a right to examine the votes/proxies the night of the election. While the meeting is going on count them and see if they are proper. Also, before the meeting you and your friends should go door to door collecting proxies that allow you to cast the votes for individuals that can't be at the meeting. For the moment, I suggest you keep the management company that you have and see if they are responsive to a new board.
Jeanne,
How would you propose he determine if the proxies are proper? Does he have a list of the members? I mean a list from the assn which would show the true
owner(s) of each property? Will he have a list of delinquencies that would be needed to determine if the votes are proper?
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JeanneK3
(Maryland)
Posts:134
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| 08/05/2008 8:15 AM |
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| MaryA1: Very good point. I was thinking more of making sure they weren't all signed by the same person. I guess you'd have to rely on the manager for that information. |
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SusanW1
(Michigan)
Posts:2316
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| 08/05/2008 10:09 AM |
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Best case senario is having a "Teller" at the annual meeting where there is an election or vote on a motion. This is a person or small group of people - NOT Board members - who run the election / vote.
They pre-verify ALL proxies, count the votes, relay the results to the President, (who announces the results), and safeguards all voting ballots and counts until the Board directs them to be destroyed.
This is a trusted person or persons appointed by the president. That person should not be running for any position and has a good reputation for being impartial.
No Teller? Motion to have one at the next annual meeting BEFORE any voting starts. Sometimes the secretary has verified all proxies, but the Teller can take and verify that information.
Elections and votes should not be done in an uproar,but that happens all too often.
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MicheleD
(Kentucky)
Posts:1865
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| 08/05/2008 11:45 AM |
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I think Park's biggest issue is not exactly what is the correct way for the board to conduct the meeting and the election, but what he and other members can to do make sure it is done properly.
Again, the hard work needs to be done now, and that will be to canvas the neighborhood, one home at a time, and make sure to collect enough proxies to constitute a majority vote.
He is very wise to be cautious of them saying to everyone, "Nope, not enough to win. Sorry!"
I think he's telling us that this board already does not do things by the book, or by the docs, but that there is no way the homeowners have been able to stop them so far.
Also, even if you could find an alternative management company, there may well be a long-term contract in place with the current one. There is probably a release clause in there somewhere, but you would really need to have your new board in control to make sure you cancel their contract legally.
Just because the former board may have done things improperly does not mean a new one can do things improperly, too.
I forget how many homes you said are in your association, but this is going to take some work, so please get started early!
Best of luck to you. Keep us posted. |
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MicheleD
(Kentucky)
Posts:1865
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| 08/05/2008 11:47 AM |
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One more thing, if what you are trying to do does not work THIS year, please don't give up hope.
Keep trying and start planning for next year. You might even be able to get more people on board faster if this board keeps up the type of management they are doing.
But stay focused. Don't get all caught up in little roadblocks or peripheral issues. Make a list of priorities and rank the list. Then focus on those top issues and put the other minor priorities on hold until the big things, like replacing the board, are done. |
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ParkP
(Maryland)
Posts:31
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| 08/05/2008 11:33 PM |
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| thanks, |
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| You are not authorized to post a reply. |
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