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Floor nominations during COVID and virtual Meetings

Our HOA mgt co is saying that since our Annual meeting is being held virtually (via Zoom) that there is no physical “floor”. Thus, despite our Bylaws stating “Nomination may also be made from the floor at the annual meeting of the Members”, he is not allowing any “floor” nominations during our Annual meeting.

This seems wrong to me. The virtual meeting is being held in satisfaction of our Bylaws requiring an Annual meeting, but he’s “picking and choosing” which Bylaws to listen to when he says the “electronic” floor of a Zoom meeting is not in satisfaction of our Bylaws for nomination purposes.

Please advise.

1 Response

  1. dennisl

    John,

    Let me first apologize for the lateness of this response, it apparently fell thru the cracks. Your association is full of crap. A virtual meeting is a meeting and and if your bylaws allow for nominations to come from the floor then they allow for nominations to come from the members attending the virtual meeting. I would however caution you that for the meeting to be valid a quorum must be present or have voted by absentee ballot on all the issue before the members. For any legitimate nomination to come from the floor than a quorum of the members must be present at the meeting either in person or virtually via zoom etc. A person voting on board members by absentee ballot will not have the opportunity to vote on any member nominated at the meeting. It is also important to not that Arizona law does not address absentee ballots as optional. It clearly states that any issue brought before the members must be voted by both in person and absentee ballots. If your association does not allow for absentee ballots it is violating the law. Absentee ballots can be counted toward satisfying the quorum requirements for the meeting, but if the absentee ballots are necessary to satisfy the quorum the members cannot consider any action at the meeting that was not included on the absentee ballot. But if the quorum requirements for the members meeting are satisfied by the number of members present at the meeting the members are free to vote on any issue before them even if it was not listed on the absentee ballot.

    Dennis

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