HOA Annual Meeting and Covid

[JamesWhitney]

Depends on the applicable state law, and one would need to read your by-laws to give a truly informed opinion. That said, I'm confident your by-laws don't contemplate something that the present situation, so you may have to make appropriate allowances.

Bylaws are all "in person". They people who wrote them had no clue how to do anything any other way.

 

[Zigner]

Bylaws are all "in person". They people who wrote them had no clue how to do anything any other way.

Simply amend them to state that "in person" shall also allow for "virtual meetings".

Also, please note that the folks who don't want virtual meetings have a point, legally speaking. There is no legal restriction on gatherings, so there is no legal need for such an allowance.

 

[JamesWhitney]

The Board is tech savvy and fully prepared for everything virtual, however we have old school folks who will demand paper ballots because they struggle with technology. Some can't handle logging into to an an online meeting. Or even calling a conference call number and putting in the meeting code.

When I say some, I mean 2-3. The majority of the neighborhood can figure it out. In my opinion, these 2-3 can go to a neighbor's house who isn't worried about Covid and capable of joining online, then be part of the mtg that way.

 

[Zigner]

When I say some, I mean 2-3. The majority of the neighborhood can figure it out. In my opinion, these 2-3 can go to a neighbor's house who isn't worried about Covid and capable of joining online, then be part of the mtg that way.

If you're talking 2-3 people, then that shouldn't affect your quorum requirement.

 

[JamesWhitney]

Simply amend them to state that "in person" shall also allow for "virtual meetings".

Also, please note that the folks who don't want virtual meetings have a point, legally speaking. There is no legal restriction on gatherings, so there is no legal need for such an allowance.

Amending Bylaws requires an "in person" meeting and a vote of 65% of the members with the quorum requirement. We will definitely work on that amendment for the future.

 

[quincy]

Amending Bylaws requires an "in person" meeting and a vote of 65% of the members with the quorum requirement. We will definitely work on that amendment for the future.

If your county does not restrict or enforce the size of the gatherings, you should be able to have enough members available to meet in person to vote.

If you decide on an in-person meeting, I really recommend you insist on mask wearing and social distancing - otherwise your membership is at risk of COVID-19 shrinkage.

 

[quincy]

We are grappling with this right now. In our state (North Carolina) nothing mandates an in-person meeting, just that proper notice be given and "Roberts Rules" be used to govern the meeting (largely disregarded in my experience). While in the past, we've always done so at a local meeting room (either the local fire department hall or the public library), this year, the board is going to sit in one of our hangars. Anybody who feels they must attend in person can do so (socially distant in the space). The rest can attend via Zoom meeting.

Everyone is having to make changes because of the virus. It is an odd time.

 

[adjusterjack]

Amending Bylaws requires an "in person" meeting and a vote of 65% of the members with the quorum requirement. We will definitely work on that amendment for the future.

Is there nothing in the CC&Rs and bylaws that even remotely implies that the board have some sort of emergency powers? The board members would be wise to have them reviewed by an attorney. Association documents are complicated. I've studied hundreds when handling association claims. There's a lot of twists and turns that laymen might overlook.

 

[JamesWhitney]

Is there nothing in the CC&Rs and bylaws that even remotely implies that the board have some sort of emergency powers? The board members would be wise to have them reviewed by an attorney. Association documents are complicated. I've studied hundreds when handling association claims. There's a lot of twists and turns that laymen might overlook.

We will take a look. Thank you.

 

[JamesWhitney]

Is there nothing in the CC&Rs and bylaws that even remotely implies that the board have some sort of emergency powers? The board members would be wise to have them reviewed by an attorney. Association documents are complicated. I've studied hundreds when handling association claims. There's a lot of twists and turns that laymen might overlook.

The only emergency powers the Board has are to enter on property if there is illness or potential danger to life or property in connection with maintenance or construction where the HOA is liable.