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Four Thoughts on Modifying Bylaws and Board Term Limits; Discussion Forum Follow-up
May 2013
An HOAleader.com reader asks, "Our bylaws state that we need to have elections every two years. We have four seats on odd years and three seats on even years at two-year terms. We have a very hard time getting anyone to run for the board. I saw a comment in here regarding that issue of how so many HOAs have that problem and how they are changing the term of office limits. My main question is, Can we as a board amend or restate our bylaw pertaining to the term of office without having to get a membership vote? . . .
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When You Can -- and Can't -- Extend Your HOA's Vote Deadline
May 2013
An HOAleader.com reader asks, "Extending voting AFTER the deadline has come and gone--that's what's happening here on an important CC&R amendment the board wants to see pass. A week or more after the deadline, without sufficient votes, they've extended the voting, and I want to know if this is LEGAL. I'd also like to know if it violates fiduciary responsibility to all homeowners, since I believe that it unfairly favors those in favor of such an effort." . . .
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No Quorum for Meeting to Elect a Board: Give Up? And Can the Prior Board Carry On?
May 2013
An HOAleader.com reader asks, "The CC&Rs say 51% for a quorum. If no quorum, quorum requirements drop to 25% for the adjourned annual meeting. My question is if a first adjourned meeting has to be called because the 25% quorum requirements were not met, and the second adjourned meeting also fails to meet the 25% quorum, what then? Does the sitting board just continue into the next term? When does the board declare failure to meet quorum requirements and end the torture?" . . .
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Was This a Secret HOA Meeting? You Be the Judge
April 26, 2013
In this week's tip, we discuss the fallout from what may have been a secret board meeting. Here's what happened. AnHOAleader.com reader says a handful of board members met to discuss how they'd handle a sensitive issue at the next meeting--but they didn't tell anybody else they were meeting. When the others found out, they balked. It's not completely clear to all of our experts whether this board absolutely, positively did anything wrong. But it may have. . . .
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Yes, Virginia, That May Have Been a Secret HOA Board Meeting
April 2013
An HOAleader.com reader asks, "It became evident that our nine-member board was making some costly and unwise decisions. At our recent annual meeting, we were able to fill the majority of positions with some people who possess good, solid business and management backgrounds so that those remaining from the old board are in the minority. The subsequently elected officers included only one previous board member who was never part of the problem. . . .
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How Many HOA Units Can Owners Own?
March 2013
With investors emerging as major players in the recovering real estate market, some boards have wondered whether it's wise to let someone own more than one unit in their association. . . .
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HOAs and POAs: What You Should Know
February 2013
An HOAleader.com reader asks, "I have two months remaining on a three-year commitment to my HOA. Located within my HOA is a small POA. My HOA (I disagree) will allow POA members to run for our board. The State of South Carolina doesn't address this issue. Our covenants and bylaws don't cover the issue of POA members being elected to my HOA board. However, the POA restricts members of the HOA from running for the POA board." . . .
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3 Tips for Successful Proxy Procedures for HOA Boards
October 2012
In this month's related article, Is There a Limit to the Number of Proxies HOA Owners Can Gather?[add link], Raymond Daniel Burke, a principal at Ober Kaler, a law firm in Baltimore, who represents an average of 20 community associations, says "Proxies should be used according to a procedure established for the association." . . .
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Is There a Limit to the Number of Proxies HOA Owners Can Gather?
October 2012
In the July 2012 HOAleader.com article "HOA Elections: How to Identify HOA Proxy Fraud or Abuse," James R. McCormick Jr., a partner at Peters & Freedman LLP in Encinitas, Calif., who represents associations, said, "There's nothing preventing any of the owners from soliciting proxies from anyone. And the reader asking these questions can solicit his own proxies, too." . . .
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When HOA Board Members Skip Meetings
October 13, 2012
It's hard enough to get owners to agree to serve as board members. Once you've cleared that hurdle, you shouldn't have to be a babysitter to ensure they actually attend meetings. In this week's tip, we offer suggestions to an HOAleader.com reader who can't get one of his fellow board members to darken the door of his HOA's meeting room. . . .
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How to Handle an AWOL HOA Board Member
October 2012
Having a hard time attracting not just owners to your meetings but HOA board members? The dilemma happens more than you might think. Here our experts will weigh in on the basic question of how to address a persistently AWOL member of your condominium or homeowner association board of directors. They also address the challenge of a board president who seems to be happy hoarding power through a proxy. . . .
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