This last November we again experienced an Annual Members Meeting that wasn’t, despite the clear message sent in 2024 that Member were fed-up with Unelected Special Interests running the HOA. These times we live in call for you to become involved for your own protection as the HOA reaches 30 years old next year and will expire without proper direction or become something else for which you should make your choices known. The disastrous Comcast Contract expires the following year and what could come next are things science fiction nightmares are made of. But they will make some people very rich.
From what I can tell, it appears the Board of Directors has been improperly controlling the nominations and elections, for some time now. This all seems to have become an acceptable practice.
To start to take a look at this: According to records requests, there are no procedures established by the Board for the Nominating Committee nominations as they may have according to Bylaws Article III, Section 1. C. Individual Board Members appear to take this as authority to do whatever they want, including holding the Annual Meeting before the Nominating Committee has met.
As in 2023, it seems I have again gone to a Members Meeting 2025 that wasn’t.
If Property Management does not obtain enough Proxies for a Quorum and a sufficient number of members do not show up at the Annual Members Meeting to make the Quorum, it appears the Members Meeting is being cancelled. Actually, I am not sure they wait to see who may show up for the Members Meeting. Maybe it is just based on what Property Management receives.
WHAT??? The disrespect for HOA Members is mind boggling. Excuse me but I think this is without the consent of the Governed.
Please note the Bylaws below (B.), where the Meeting SHALL be held and if you look at the meeting agenda, the meeting must be called to order to determine a Quorum. Then, if there is no Quorum, any Member can reschedule the meeting. But if the meeting is cancelled, that right is taken away.
From the Bylaws, Article VII, Section 1. Meeting of the Members:
NOTE that any Member may adjourn the Members Meeting.
To adjourn the meeting to a future date, any Member can say, “I am adjourning the Members Meeting to [DATE], at [TIME] and [PLACE]” and it is done.
State Statutes 720.306
(7) ADJOURNMENT.—Unless the bylaws require otherwise, adjournment of an annual or special meeting to a different date, time, or place must be announced at that meeting before an adjournment is taken, or notice must be given of the new date, time, or place pursuant to s. 720.303(2). Any business that might have been transacted on the original date of the meeting may be transacted at the adjourned meeting. If a new record date for the adjourned meeting is or must be fixed under s. 607.0707, notice of the adjourned meeting must be given to persons who are entitled to vote and are members as of the new record date but were not members as of the previous record date.
Also, Article III, Section 1. C. states that nominations may be made from the floor so this right is also violated. This is the election interference that I will be taking to arbitration.
Then, to see the further violation of the Bylaws, look at Article VII, Section 2 A. Director’s Meeting
How do you hold a meeting immediately following the adjournment of a meeting that has been canceled? How is the intent of this Bylaw not understood?
Property Management sends out the Notice of the Annual Meeting in compliance with minimum requirements that they know are insufficient to obtain a Quorum. Despite Property Managements statement at the Q2 Board Meeting, that we would have an online Members Forum by July, Members have no means to contact other Members for reminders or proxy requests, besides knocking on doors. The governing documents do not require the formation of an Election Committee and they do not form one.
So what do you think? What kind of a community would you like to live in?
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