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Subject: Yearly meeting requirements???
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Author Messages
SheilaM9
(South Carolina)

Posts:1


07/01/2017 5:50 PM  
Our HOA has not had any meetings since fall 2015 but continue to send bills for HOA fees.
#1 - Is this legal? Is the HOA still a legally recognized entity?
#2 - Can a meeting be held nearly 2 years later and just continue on as never missed?
MelissaP1
(Alabama)

Posts:9136


07/01/2017 6:12 PM  
The HOA does not stop existing because you don't have a meeting. There is A LOT of paperwork, voting, and entire process involved. Which is in your CC&R's and/or Articles of Incorporation. Do you have a copy?

As long as there is common area, amenities, or other items shared by all the owners, there's going to be bills to pay. Those bills get paid by dues...

Former HOA President
JanetB2
(Colorado)

Posts:4211


07/01/2017 9:38 PM  
Posted By SheilaM9 on 07/01/2017 5:50 PM
Our HOA has not had any meetings since fall 2015 but continue to send bills for HOA fees.
#1 - Is this legal? Is the HOA still a legally recognized entity?
#2 - Can a meeting be held nearly 2 years later and just continue on as never missed?


Well ... CCR's are attached to everyone's Property Titles. Any expenses outlined in those CCR's must be paid for by the owners. The questions is what do your HOA dues cover??? Mine covers irrigation water (a highly valuable commodity) ... So if my HOA did not hold a meeting should I NOT pay for my irrigation water??? If the HOA did not bill and pay for irrigation water shares (which is cheap and my irrigation is around $100 per year + extra for HOA expenses and reserve account) how would I water my 5.75 acres of land? Potentially potable water would cost me two arms and two legs ... which I am not willing to loose ... LOL.

If you and others do not like how your HOA is being ran then you and others need to step up to the plate and replace the BOD at your next annual Membership Meeting OR the members can call a Special Meeting to replace your current BOD sooner. As noted in my scenario I am not sure why you have an issue of paying your fair share of your HOA common expense? When you purchase in an HOA that comes with the territory.
JohnC46
(South Carolina)

Posts:9320


07/02/2017 7:24 AM  
Shelia

Typically there must be an Annual Meeting and said meeting must be announced usually 30 days before.

Are you owner or declarant controlled?
TimB4
(Virginia)

Posts:16704


07/02/2017 12:30 PM  
Shelia,

Typically, per corporate laws, Directors continue to serve until a replacement is elected or appointed (unless they resign). Therefore, yes, a meeting can be held two years later and things just continue on.

What would you have liked them to do (it's two years later)?

KerryL1
(California)

Posts:7052


07/02/2017 7:14 PM  
How often do your governing documents say annual meetings to elect directors should be held? Usually this'd be in your Bylaws.

But even if the current Board or whoever is running your HOA isn't doing the right thing, do NOT stop paying your dues. instead, educate yourself.
KerryL1
(California)

Posts:7052


07/02/2017 7:14 PM  
How often do your governing documents say annual meetings to elect directors should be held? Usually this'd be in your Bylaws.

But even if the current Board or whoever is running your HOA isn't doing the right thing, do NOT stop paying your dues. instead, educate yourself.
DouglasM6
(Arizona)

Posts:724


07/10/2017 2:36 PM  
Posted By SheilaM9 on 07/01/2017 5:50 PM
Our HOA has not had any meetings since fall 2015 but continue to send bills for HOA fees.



The fees are due whether there are meetings or not. Apathy happens. Try to get involved.
Posted By SheilaM9 on 07/01/2017 5:50 PM
#1 - Is this legal? Is the HOA still a legally recognized entity?



Yes, a lack of meetings does not eliminate the HOA.
Posted By SheilaM9 on 07/01/2017 5:50 PM
#2 - Can a meeting be held nearly 2 years later and just continue on as never missed?



Again, yes. My neighborhood went almost five years without a meeting. people tend to wait until it's an absolute need to have the meeting; place falling apart, etc.


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Forums > Homeowner Association > HOA Discussions > Yearly meeting requirements???



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