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Subject: HOA Vote extended twice after Quorum met both times
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MargaretJ3
(Florida)

Posts:2


12/03/2019 11:54 AM  
Our BOD has twice extended the vote to make changes to our association amendments and bylaws even after Quorum as met both times. I have never heard of this before and I have lived in several HOAs. I have always been under the impression that once quorum has been met, the vote is called whether or not you have reached the required votes cast (2/3's) or not. Has anyone ever seen a vote extended like this?
SueW6
(Michigan)

Posts:746


12/03/2019 12:07 PM  
I an assuming you mean for an Annual Meeting of the Members, and a vote on a motion must pass by 2/3?

What do you mean by “ extend” the vote?

If its on the agenda, it must take place. The board had no role or authority at an annual meeting.
AugustinD


Posts:3854


12/03/2019 12:13 PM  
Yes, I have seen a board extend the voting time for amendments despite quorum being met. All who had already voted were told they could change their vote.

It is hard to identify anything illegal in this. After all, if the Board simply declared that the amendments had failed to pass, then it could just hold another vote in the near future with a bigger campaign.

The only problem might be that whoever is tallying the vote fails to communicate with people who bought into the HOA after voting began, letting the prior owners' vote count. Manipulating the vote might be a bit too easy.

I saw a HOA extend the vote and then ultimately pay its members to vote via a credit on their monthly assessment bill. It did not matter whether the member voted for or against the amendments. As long as the member voted, she or he got the credit. It's stupid, of course, because the money for the credit comes directly from the membership. But of course members are typically not so bright when it comes to HOA finances. They figure they now have an extra $50 or so in their pocket. Sure they do, for the short term.
PaulJ6


Posts:0


12/03/2019 12:31 PM  
Posted By MargaretJ3 on 12/03/2019 11:54 AM
Our BOD has twice extended the vote to make changes to our association amendments and bylaws even after Quorum as met both times. I have never heard of this before and I have lived in several HOAs. I have always been under the impression that once quorum has been met, the vote is called whether or not you have reached the required votes cast (2/3's) or not. Has anyone ever seen a vote extended like this?




Things submitted to owners can be withdrawn before a vote is held. That's rare, but it can be done.
MargaretJ3
(Florida)

Posts:2


12/03/2019 12:36 PM  
I mean, they issued a ballot for a special meeting oct1 amending our documents. Oct 1 comes, meeting held, 1/3 quorum reached but did not get the 2/3 votes needed to call the vote. Extended to Nov 1 to try and get the 2/3, didnt get there again. Once again, EXtended again to dec3....
GenoS
(Florida)

Posts:4046


12/03/2019 2:06 PM  
Posted By MargaretJ3 on 12/03/2019 12:36 PM
I mean, they issued a ballot for a special meeting oct1 amending our documents. Oct 1 comes, meeting held, 1/3 quorum reached but did not get the 2/3 votes needed to call the vote. Extended to Nov 1 to try and get the 2/3, didnt get there again. Once again, EXtended again to dec3....

That's perfectly fine as long as it's done with the right motion.

"You may be dealing with elections or just an overloaded agenda... An adjourned meeting refers to a meeting that continues the same order of business, or agenda, that wasn’t concluded in an earlier meeting. It’s a separate meeting, in one sense, but it’s technically a continuation of the same meeting."

From Roberts Rules for Dummies.

It's accomplished with a motion and a vote - by the members if it's a Members Meeting - to "Fix the Time to Which to Adjourn". It is a privileged motion that takes precedence over anything else that's pending, including an ordinary motion to adjourn.

Essentially, the meeting will pick up where it left off on the new date and time. It's perfectly fine and there's nothing wrong with it.
MarkW18


Posts:1290


12/03/2019 2:27 PM  
This is the very problem with quorum. They should be done away with. The documents will spell out the requirements for approval for removing a director, passing a special assessment, amending either the CCRs, Articles or Bylaws. If quorum is 10% of membership and amending the CCRs require 67%, what the hell is the point of quorum?

I have heard of balloting to amend the CCRs taking upwards of 3 years. What happens if an owner moves after the first year. Does their vote count, or does the new owner get to vote.

I have gotten whole documents restated and got them approved within 30 days, no adjournment and a rather large HOA. If you think that sending a ballot out is going to cut it, it should never have been sent out in the first place. It takes work, a lot of work, but you should have known that going in.

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