Get 1 year of free community web site hosting from Community123.com!
Thursday, May 13, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Is the HOA Board legal?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
EvelynW
(South Carolina)

Posts:9


04/27/2021 1:39 AM  
We normally hold our Annual mtg in March - Due to Covid we held it in Sept.2020 - there was no quorum BUT the Board DID NOT reschedule the meeting & a member in the audience asked when it would be rescheduled.......we are now in April 2021 and still no sign of an annual mtg - all Board members terms have expired as of March 2021 - what is the validity of their rulings after March? I overheard the president tell a resident that they want to get some items passed before they call a meeting...btw the current board is very vindictive and secretive (they will not tell us when board meetings are and we have an "open meeting to all members" in the by-laws...
TimB4
(Virginia)

Posts:17599


04/27/2021 1:48 AM  
Corporate code applies here.

Code says that despite terms expiring, the directors remain in place until their replacement is elected (or if they resign).


AugustinD


Posts:300


04/27/2021 6:12 AM  
Posted By EvelynW on 04/27/2021 1:39 AM
We normally hold our Annual mtg in March - Due to Covid we held it in Sept.2020 - there was no quorum BUT the Board DID NOT reschedule the meeting & a member in the audience asked when it would be rescheduled.......we are now in April 2021 and still no sign of an annual mtg - all Board members terms have expired as of March 2021 - what is the validity of their rulings after March? I overheard the president tell a resident that they want to get some items passed before they call a meeting...btw the current board is very vindictive and secretive (they will not tell us when board meetings are and we have an "open meeting to all members" in the by-laws...
-- I think there are conflicts between the requirement to hold annual elections; directors staying in office until a replacement has been selected (like TimB4 posted); the largely unknown as yet legal realities of this once-in-a-100 years (we hope) pandemic.

The first thing I would do is send a formal letter to the board citing the Bylaw on open meetings and requesting the Board immediately conduct open meetings, with proper notice. The letter should be 'just the facts'; include no emotion; be polite; and be sent certified mail, return receipt requested.

If you send the letter and get no response after three weeks, post back.

Else in my experience here, addressing these issues is beyond the abilities of around 95% of HOA/condo directors and members, and you must find an attorney to help you.


EvelynW
(South Carolina)

Posts:9


04/27/2021 7:30 AM  
I read the SC non-profit corp Act code of laws & it throws everything back to the by-laws.
EvelynW
(South Carolina)

Posts:9


04/27/2021 7:36 AM  
I was the member in the audience and the property manager said there would be no meeting!!!!! After this I was targeted by the board and lo and behold I started to get letters for this and that....now that I am making a rukus about getting 10 signatures for a "special meeting" letters have once again started....AND a board member controls our facebook group (which to me construes that it is under board control & clearly states you have to be an owner not a renter) deleted me from the group....nice indirect discrimination I would say....
JohnC46
(South Carolina)

Posts:10944


04/27/2021 9:51 AM  
Evelyn

When there is no Quorum at the Annual Meeting no business, including elections, can be done thus the existing BOD stays in place. So yes, to use your terminology, they are a legal BOD. No Quorum at the Annual Meeting could go on for years and the BOD stays in place.

Many BOD's are delaying their Annual Meeting due to Covid-19. My HOA did not have an Annual Meeting in 2020 at all but nobody is biting our ankles about it. We are planning on one later this year.

Your BOD could do a better job of keeping owners informed but they are operating as many BOD's are under Covid-19 restrictions.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Is the HOA Board legal?



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement