Annual Meeting Question
Our Annual Meeting didn’t meet quorum and the Annual Meeting wasn’t held. No new meeting date was set during that meeting. The meeting was adjourned. The monthly meeting took place and the board voted to keep all members in the same position.
My question is this:
Can the board at the next monthly meeting set a new date in an attempt to meet quorum?
If they don’t, can the community members force that to happen and if so how?
I’ve read in some of your replies there’s a state law requiring that an annual meeting be held once a year and failing to meet quorum doesn’t constitute the holding of a meeting. What happens if the meeting isn’t held until next year?
Thanks for your knowledge and support to us out here in the dark.
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Joe,
You are correct state law requires that a meeting of the members be held at least once a year. While not stated obviously the purpose of that is to fill vacancies in the board created by expired terms. A meeting that does not satisfy quorum is never held and unless re-convened does not satisfy the law. Your association and many more use this excuse to not hold elections and continue with board members beyond the term required in their governing documents. This is a total lie and misuse of power, and denying the most fundamental right and power of the members to elect their board and to hold the board accountable to the community thru these elections. Many community documents haver a provision that allows board members to continue in position until a replacement is elected, but that provision is specifically allow terms to run from election to election and based on terms of 365 days per year. If a board member is elected to a two year term on January 15th his two year term does not end on January 14th two years latter but rather whenever the election is held that year. It never allows the term to be increased indefinitely or to not hold an election in that year. Contact your board and ask them if they intend to reconvene the required annual meeting and if they say no than file a petition to ADRE for their violation of failing to hold an annual meeting of the members. The statute would be different depending if you are a Condo or a planned community, but the content of both statutes are exactly the same. Your association is intentionally violating the law for the purpose of denying the members the opportunity to vote. Quorum for members meeting can be adjusted by the board to address the needs of the community, but can never and should never be used by the association to deny the members the opportunity to elect its board.
Dennis