ACC Officer/Director/Shareholder Change Form,
ACC Officer/Director/Shareholder Change Form, is there a time frame this has to be filed when new POA Directors are appointed to the Board. Annual meeting of the Members, as Members approve the preceding years Annual minutes (action item), if the Board doesn’t conduct an Annual meeting until 14 months after the last, do they still have to produce the preceding years minutes? Can I compel the old Management Company to give me their minutes of the Annual Meeting from the preceding year? Bases for my questions is: I’ve caught the Board and Management Company cooking the 2022 Director election, we do not want to file as ADRE or Civil Court as the Board will just spend our money on their defense and drag it out.
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Joseph,
The ACC requires that the association file their report annually, but not based on any specific date. You need a report for 2022, and 2023 etc. The election of board members is also an annual requirement unless the bylaws specify a date or month for the election to be conducted. The minutes of the preceding years members meeting are typically approved at the subsequent members meeting. The minutes become a record of the association once approved. Draft minutes are not official records and association have refused in the past to provide copies of those draft minutes based on that fact. This is total BS and I will be introducing legislation this coming session that will make the providing draft minutes to anyone requesting them mandatory.
I caution you on filing any action against the board based on suspicion of wrongdoing. The burden of proof lies with you in either venue. The ADRE process can only deal with violations of actual provisions of either state statute for your respective community type or the governing documents. A very narrow authority, especially with the vagueness in both statute and governing documents. Superior court allows consideration on the full breath of the law and all legal precedence. With any litigation the only winners are the lawyers, right or wrong they get paid, the homeowners win or lose always pay for the cost of the litigation. The association never loses because the homeowners pay for everything, and the board members are protected from personal liability. Litigation needs to be the last resort, not the first.
Dennis