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Subject: off-cycle Annual Meeting and BOD terms?
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Author Messages
AdamL1
(Idaho)

Posts:117


09/17/2021 9:01 AM  
So wondering how this should officially be handled.

My HOA refused to hold any and all meetings for the last 2.5 years, blaming COVID. Our CCR's say the Annual Meeting should be in March or April. We started petitioning for a Special Meeting and then coincidentally ;) they announced the Annual Meeting (last month), where we elected new BoD. Our CCR's say the BoD term is 1 year and that all BoD seats are to be elected at each Annual Meeting or Special Meeting called for the purpose of elections.

So how should this go down for the upcoming year? I do not have faith that our BoD will follow the CCR's and will again try to delay and push out the Annual Meeting for next Spring. If they do actually call the Annual Meeting in the spring, is there any path they have to try to not hold elections?

Thoughts?
AugustinD


Posts:1695


09/17/2021 9:20 AM  
Regarding what is the appropriate date for the next election: Because of the pandemic, and if push came to shove, I could see a court going either way (election in March/April; or election in August).

You could try writing the Board and asking when the next annual election will be. If the Board does not give a substantive answer, you are stuck with either threatening suit or just waiting it out.
CathyA3
(Ohio)

Posts:2475


09/17/2021 9:37 AM  
Quote:

Our CCR's say the BoD term is 1 year and that all BoD seats are to be elected at each Annual Meeting or Special Meeting called for the purpose of elections.

It sounds like your governing docs already allow you to move the election off of the annual meeting cycle, so I can see it going either way.

My personal preference would be to go back to the spring annual meetings, even though it will mean current directors will serve a shorter term. Directors can serve short terms for many reasons: resignations, selling their homes, being appointed mid-term to fill a vacancy.

If you don't go back to the spring meetings and want to hold fast to full tern terms, you'll have to remember from now on that "oh, yeah, we're got off schedule during the pandemic". I think that's probably the worst option.

The other option would be to change your governing docs to allow for summer annual meetings (which could make sense if you're still having winter weather in spring). This is probably in your bylaws, not your CC&Rs, and it can be easier to change bylaws - changes to the CC&Rs typically require approval of a super-majority of owners.
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