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Thursday, February 25, 2021











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Subject: Meeting Roll-Call transparency
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Author Messages
JanineR
(Tennessee)

Posts:65


02/21/2021 11:10 AM  
Are members allowed to see the roll call of annual meetings?

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Background
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The PM said there was no quorum. They said the count was 31 "including husbands and wives".
But that is not how to record a quorum. Each unit has one vote, and some members at the meeting have up to 6 units, so six votes. Having a husband and wife duo at the meeting has nothing to do with quorum.

I also know that there were 12 mail in proxies, but again don't know if that was 12 people that sent in their proxy form which could be 12 or >more< votes depending on how many units they own.

The PM also believes that in order to meet a quorum it must be 51%, but the amendment to the Bylaws registered with the state is 30%.

It is in the PM's self interest not to have a quorum, as the members that volunteered to replace the Board positions that have expired are also open to interviewing other project management companies.

The numbers seem awfully close.
Is there any legal right as a non-profit corporation to get a list of the roll call of the annual meeting?
TimB4
(Virginia)

Posts:17373


02/21/2021 2:05 PM  
The sign-in sheet, proxies and ballots (if voting is done) should all be kept as attachments to the minutes and be part of the records of the Association.

As a record of the Association, you should be allowed to see all of them.


1 vote per lot.
Quorum is based on how many lots are represented (in person or by proxy), not how many individuals are actually in attendance.
JanineR
(Tennessee)

Posts:65


02/21/2021 2:26 PM  
Thanks Tim.
The meeting was held over zoom.
And we won't get minutes for a year.

It is only the property manager saying that there is no quorum, but she is not aware how to count a quorum particular to our association, and has an incentive not to have a quorum.

Are there any ways to get the roll-call list without waiting a year?
TimB4
(Virginia)

Posts:17373


02/21/2021 2:58 PM  
Since you didn't have a vote (because you had no quorum), I'm not sure what proving a quorum actually existed would solve. You can't go back and have a vote as the meeting has adjourned.

I would simply be ready for next year and at the meeting ask how a quorum is determined.
If the explanation isn't what it should be, educate.
JanineR
(Tennessee)

Posts:65


02/21/2021 3:19 PM  
We didn't have a vote because there was no quorum, but I think there was a quorum.

And the quorum wanted to vote...
TimB4
(Virginia)

Posts:17373


02/21/2021 3:52 PM  
I understand that.



If you find out that there was a quorum, then what will you do?
JanineR
(Tennessee)

Posts:65


02/21/2021 4:05 PM  
I think point it out to the Board that there was a quorum, and request a redo of the meeting?

Our Board thinks we never meet quorum year to year per the PM, but there is a good chance that we have been.
JanineR
(Tennessee)

Posts:65


02/21/2021 5:57 PM  
It seems that a lot of members question the PM's math that quorums are not being met, and therefore members can't vote.
A year is a long time to wait to find out.

Can we request another annual meeting regardless?
TimB4
(Virginia)

Posts:17373


02/22/2021 12:17 AM  
Members may petition for a special meeting of the membership for a specific purpose.

The percentage of owners/lots needed to sign would be in your governing documents.

The petition must be worded the correct way and comply with the governing docs. Once the petition is accepted and verified (which is why I always say to get more signatures then the minimum required)a date is set, notices sent, etc. In my opinion, until the pandemic is under control, I don't think going door to door to collect signatures is the best option.
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Forums > Homeowner Association > HOA Discussions > Meeting Roll-Call transparency



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