The Board of Directors of our Homeowner's has passed a motion recommending a special assessment for a much needed project. They sent out ballots along with a proxy form and scheduled a Special Owners Meeting along with an agenda that says 1. Call to Order; 2. Proof of Notice-Verify Quorum, 3. Open and Count Proxies; 4. Report result of Proxy question; 5. Adjournment.

I am now told that the president and most Board members do not plan to attend and this is merely a formality to count the votes. This is amazing to me since I have thought that an Owners Meeting was a special form of a Board meeting where-in the Owners could participate thus the Board had to be present in order to conduct business. If this is not the case, who chairs the meeting? How can it be a legal meeting if the Board does not have a quorum present to conduct business? Doesn't the Board have to take make the motion being voted on at the time of the meeting and use the proxies for those not present? Doesn't the Board have to take action to declare the results finalize the assessment?

This all seems very strange but I cannot find in our Bylaws who actually runs a meeting of the owners. Can anyone direct me to a State statute that relates to this subject?

Hello Southern:

If you don't find it in your by-laws, you won't find it in state law.

I don't know how you feel about living under the conditions a homeowners association requires of you. It's been my experience, that most homeowners associations become little fiefdoms run by people who think the Nazi's were lax.

My advice is to move.

excon