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Subject: Annual Meeting
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Author Messages
SusanJ13
(Michigan)

Posts:2


05/13/2021 6:28 PM  
Our association has not held an annual meeting now for two years- last year and this year. The response that we get is due to the pandemic no meetings are held. I believe one board meeting was held via Zoom. Thus far, no response from the association as to when we will have a meeting. What recourse do members have in this situation? I live in MI.
MelissaP1
(Alabama)

Posts:10364


05/13/2021 7:12 PM  
Wait for the pandemic to end and CDC guidance...

Former HOA President
CathyA3
(Ohio)

Posts:2154


05/14/2021 5:29 AM  
Are you in condos or in an HOA? It may make a difference.

If Michigan's statutes allow for Zoom meetings, then with luck they'll allow online annual meetings. But... the free version of Zoom doesn't accommodate meetings longer than 45 minutes, which isn't long enough. So the association would have to pay for a license, as would homeowners who want to participate. The board also has to consider whether all of your homeowners have the tech and the knowledge to handle this, or if it would shut out some of them. What is Michigan currently saying about in-person gatherings? Last I heard your governor was begging Washington for other states' vaccine dosages to combat the rise in covid cases. Are gathering numbers still limited? Can you find a suitable meeting space that is accessible, sanitized and has enough ventilation? Does the association have to pay for this meeting space? Will the association risk getting sued if people get covid at the meeting? Will the association get sued or fined if they meet in person but have more in attendance than state health guidance currently allows? Do Michigan statutes allow mail-in voting for community association voting, or not?

Homeowners could insist on having a meeting, but that won't magic away any of these issues. And that's about the limit of homeowners' powers in cases like this. You could try to hold a recall election to replace the board that's not doing their jobs, but then you have to address all of the issues above, along with following all of the correct recall procedures to the letter *and* you have to have enough people willing to step up and serve on the board themselves. This last bit stops many recall efforts.

Sadly, covid isn't going away yet, and the longer people insist on behaving like fools, the longer it will be with us. Shady or incompetent boards can use it as an excuse. Unfortunately, solving the board problem will take more time and effort than many people are willing to give it, especially if doing so means risking their health on top of all the other things that usually stop them.
MichaelS56
(Minnesota)

Posts:205


05/14/2021 6:07 AM  
Last fall our Association held its Annual meeting in a church sanctuary. The Association followed the CDC guidelines and the Management company also set-up a zoom option for all other owners who did not feel comfortable in being indoors. The agenda was no different that any other Annual meeting that I have attended.
AugustinD


Posts:961


05/14/2021 8:23 AM  
Posted By SusanJ13 on 05/13/2021 6:28 PM
Our association has not held an annual meeting now for two years- last year and this year. The response that we get is due to the pandemic no meetings are held. I believe one board meeting was held via Zoom. Thus far, no response from the association as to when we will have a meeting. What recourse do members have in this situation? I live in MI.
-- Is this a condo or non-condo?

-- In Michigan, chances are high that the only recourse you members have is to send a series of demand letters, elevating in tone until you threaten the HOA Board with a lawsuit.
AugustinD


Posts:961


05/14/2021 8:35 AM  
If this is a condominium, then the pertinent Michigan Condo statute may be:

(8)
The bylaws shall contain a provision providing that arbitration of disputes, claims, and grievances arising out of or relating to the interpretation of the application of the condominium document or arising out of disputes among or between co-owners shall be submitted to arbitration and that the parties to the dispute, claim, or grievance shall accept the arbitrator's decision as final and binding, upon the election and written consent of the parties to the disputes, claims, or grievances and upon written notice to the association. The commercial arbitration rules of the American arbitration association are applicable to any such arbitration.

(9)
In the absence of the election and written consent of the parties under subsection (8), neither a co-owner nor the association is prohibited from petitioning a court of competent jurisdiction to resolve any dispute, claim, or grievance.

(10)
The election by the parties to submit any dispute, claim, or grievance to arbitration prohibits the parties from petitioning the courts regarding that dispute, claim, or grievance.

(11) Subsections (8), (9), and (10) apply only to condominium projects established on or after the effective date of the amendatory act that added this subsection.

History: 1978, Act 59, Eff. July 1, 1978;Am. 1982, Act 538, Imd. Eff. Jan. 17, 1983;-Am. 2000, Act 379, Imd. Eff. Jan. 2, 2001;-Am. 2002, Act 283, Imd. Eff. May 9, 2002.

See http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-59-of-1978.pdf
KerryL1
(California)

Posts:8290


05/14/2021 11:11 AM  
We pretty much did our annual election the way Michael of MN did theirs. No problem; easy. You do not have to wait till the "pandemic is over!"

If you have a lot of owners on your side, you might try a letter signed by a lot of them to the Board to schedule the annul meeting. Do you have a property manager? What does s/he say about this topic?
LetA
(Nevada)

Posts:1321


05/14/2021 11:38 AM  
I believe that all 50 states that have HOA's put a provision in place in their emergency declarations giving HOA's permission to hold their required meetings remotely, either via zoom or group conference call. There should be no reason whatsoever to not hold a remote meeting.
JohnC46
(South Carolina)

Posts:11180


05/14/2021 12:11 PM  
We did not hold an Annual Meeting in 2020. We sent a packet of information to owners and not one owner bit our ankles. Our docs say Annual Meeting on or before 04/15. We have not had this years meeting yet but we are aiming to have one in November. No ankle biters yet.
RoseM9
(Texas)

Posts:12


05/14/2021 12:40 PM  
We just held one via Zoom in TX, and it went surprisingly well. It was a small condo community so it was manageable.

We reached out to legal in advance to ensure ballots were all done legally. The community requires written ballots, so we had to learn what methods of acceptance were allowed.

There was higher attendance on the Zoom call then they've had "in-person" over the last several years.

We held a regular monthly meeting the week before to handle normal business and hear homeowner issues. This way we were able to let homeowners know they would be muted during the Annual Meeting until the very end after results were announced.

The meeting itself was very brief, and we heard mostly good feedback from homeowners. Those who disliked the result of the election are free to challenge it for a recount by an attorney or CPA. We are retaining the ballots as PDFs on file.








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