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Does condo association need to book annual meeting in advance?

Posted on Tue, Oct 09, 2012 @ 08:23 AM

Our board just recently changed the time of the annual meeting from January 15 to "anytime between January 1 and June 30". I for one am not going to sit around and wait for them to call a meeting. This was done at the annual association meeting. I have no idea what the members were thinking when they voted for this--ignorance I assume. Is this normal?

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Normally the Association Bylaws specifies a certain date for the annual meeting. Our's is stated as the 3rd Friday in June. Please check your Bylaws for coverage of this issue. If your Association voted to change the meeting date, then it would be legal. I would question the "anytime between January 1 and June 30", as being very strange and maybe not in compliance with your association Documents.

posted @ Tuesday, October 09, 2012 8:50 AM by Richard Dunning

Is this normal ? absolutely lot. 
Look at your Bylaws a/o covenants 
They always provide specific instructions on the requirement of notice, the kind of notice and the time. 
It makes no sense to schedule a meeting without specifics of when and where. That defeats the whole purpose of a meeting. 

posted @ Tuesday, October 09, 2012 8:51 AM by thierry Liverman

Check the bylaws. Our bylaws state a lot of things that have been ignored or flagrantly broken.  
For instance, our by-laws state that the annual meeting will take place on July 1. (plus or minus a few days for weekend exceptions).  
By-law ignored. 
Our bylaws state notices of the meetings (and state law) state that the meetings will be announced by mail or in person: 
By-law ignored. 
Our by-laws (and state law ) dictate a lot of requirements of oversight and process that are ignored.  
But in the State of NE the only legal remedy is litigation.

posted @ Tuesday, October 09, 2012 11:30 AM by john mastro

If the membership voted for it, they wanted it that way, regardless of you complaining. I don't think you'll have to "wait around". You can find something to fill your time until the meeting.

posted @ Tuesday, October 09, 2012 11:59 AM by Jim

You are correct to note this anomaly. Nip this madness in the bud. Send copies of your docs that should detail the specifics about this to each director.  
Bods are not dictators, the rule of law prevails. This is a red flag,flaunting the docs shows disrespect, disregard, and a lack of consideration towards owners.  
Owners must send a message, and document carefully each bod departure from law. 
Only the watcher can keep the pot from boiling over. Explore oversight agencies in your state, stay up to date on your docs.  

posted @ Tuesday, October 09, 2012 1:46 PM by serola

The membership does not have the authority to just vote on anything they please. Your gov. docs. dictate what they can vote on. As others have said, check your bylaws and read them very carefully. Usually it is stated when the annual meeting must be held. And, often it is stated that the board may change the date, but I'm sure the intent is that is will be a specific date. Unless the members voted to change the bylaws, they may not have had the authority to vote on changing the date of the annual meeting. But even if it was an amendment to the bylaws, the changed date should have been more specific. I think you have a good argument for having a board who is not carrying out their fiduciary duty to the members and the assn. BTW, I would be curious to know how many members in your assn. and how many voted for this change.

posted @ Tuesday, October 09, 2012 1:49 PM by mary

No wrong replies thus far, so let me recap: 
Regarding the right to change your annual meeting date to 'sometime in the first half of any year'. This typically can be changed in your bylaws because most governance documents defer to the bylaws in such matters, assuming the bylaws specify. If a vote was taken by a legal quorum of owners and the change passed then that's it. 
However, you have to do your homework to make sure that the new meeting schedule is legal. This means checking your state laws covering condos and your governance documents (articles of incorporation, covenants, and so on). 
Assuming the bylaw meeting schedule is legal, then the only thing left is to convince the owners of the error of their ways and call for a special meeting (typically by petition) and change the bylaws.

posted @ Tuesday, October 09, 2012 2:14 PM by Ron

I am the one who posted this problem. The Property Manager was at this meeting. Does he have the responsibility to straighten out our board as to the correct procedure? He just sat there and said nothing.

posted @ Wednesday, October 10, 2012 10:54 AM by Dianne

The annual meeting date is usually about the same time every year. Read the by laws to see what they have to say. If someone is unable to attend they can have a copy of what went on at the meeting.But the meetings must be held and annually. Keep in mind that even though the by laws state that a meeting must be held annually many do not show up and they are the ones doing the complaining. Our last meeting was pathetic. Sure, we have by laws but do people pay attention to them? It is important to have a good show. Everyone gets a notice by mail of when the meeting will take place.The property manager does have the authority to straighten out the board.

posted @ Wednesday, October 10, 2012 12:10 PM by Mari

I was the one who posted this. Let me clarify my post. THE BOARD did not change the meeting. It was voted on at an annual meeting. I made a motion for a more specific date, but the motion was not even seconded. I live in a 34 unit 55+ condo unit. I don't think most of them have any idea regarding the way the board and the administration works. I have been a paralegal for 35 years and have tried several times to inform them of various procedures to no avail. I am fairly new in the condo and have made many enemies due to my suggestions--in other words, when in Rome do as the Romans do. I am at wits end and refuse to go to any of the meetings because of an uninformed board. I offered the board a very good book that my son game me regarding the procedures. None of the members were interested. By the way, my son is an attorney, but in another state and I would consider it expensive to procede with a law suit in this state. I live in the State of North Dakota. I am seriously thinking about moving, but that would be expensive too. Any suggestions?

posted @ Wednesday, October 10, 2012 12:54 PM by Dianne

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