Condo Association Management Blog

The "common law" reasoning escapes me, but 1) Generally, if you violate your own bylaws in holding the meeting, any official actions taken at the meeting are subject to reversal by a court. However, if nobody challenges any of the actions taken at the meeting, the action will stand, simply because nobody challenges it. 2) Is changing the bylaws that big a deal for your group? Our bylaws state that a) the exec. board notifies the membership of the proposed change in writing and asks for comments; then b) at a regular or special meeting of the exec board no less than five days later, the BOARD -not the membership - votes to amend the bylaws changing the annual meeting date, majority vote of the Board wins. The process is called "Notice and Comment" and it's in every declaration in Connecticut and based on state condo law.

The key point being that by-laws can be changed by vote

Have you thoroughly read your bylaws to see exactly what they say regarding the annual meeting. My bylaws are explicit in saying our annual meeting shall be held the first week in Dec -- period. However, the bylaws of my former assn state the annual meeting shall be held the third week in March OR ".. .at such time and place as determined by the board or at such other time and at such place as may be determined by the members voting at a meeting at of the members." 
 
If your bylaws do not give the option to the board and/or the members to change the date of the annual meeting, then, legally speaking, it cannot be changed unless the bylaws are amended. 
 
When you say the Pres is "drumming up support" to have the meeting date changed perhaps she/he is planning to ask for an amendment to the bylaws. 
 
And, NO it is NOT wise to not follow the bylaws or any other gov. doc or state law. A board that knowingly violates any of these is also violating their fiduciary resp. to the assn and may not be covered by the assn's D&O ins in a court proceeding.

See what your governing docs state. Mine says to change by-laws requires a special meeting for that purpose and it takes a 2/3 vote of the membership. See what your state condo law says. First get the law and then knock on doors in your community and let them know what is happening.

Our by-laws are part of our covenants. To change anyone of these covenants, takes 75% or better of the owners to amend a conenant or covenants. Our covenants include Declarations, by-laws, and Articles of Incorporation.

Common law has nothing to do wityh this situation. In order for ther President to get his way he would have to be supported by a majority vire of the council of unit owners. He has no authority whatsoever to use in this situation. Failure to hold the meeting as specified in the by laws is a violation of his responsibilities and could well be used as cause for his removal from office.

You didn't mention what the annual meeting in Sept. is for. We have two annual meetings; a spring meeting for election of officers and a November meeting to discuss the budget and new dues to the membership. Find out why the president wants to put the meeting off. Does he want to do it for budgeting purposes? If so, September is unrealistic if you have to prepare a detailed budget. Most utilities don't even have their new rates calculated by then. If the board is given more time to prepare the budget the budget will be closer to target. This all depends, or course, on the rules set forth in your declaration of incorporation.

The article is worth reading, I like it very much. I will keep your new articles