Our condo HOA Association has not had a Annual meeting since March 2009.Last year we did not get a quorum for our annual meeting and the board decided to send out "mail in ballots" not allowed in bylaws. Bylaws state in person or by proxy. ( mail ballots were not prohibited just not allowed).I believe incorporators did not allow mail in ballots in bylaws, because it would not owners to deliberate and nominate persons from the floor. Also, without a meeting, votes could not be validated by tellers or ratified by the Association.Management company just said those running were reelected and North Carolina Gen statute 55A-1-08 allowes this?.
State/Country relating to question: North Carolina
I have looked at state statues on condo act and non-profit corp law. I believe our bylaws are in good stead. And for the board to go back to state stautes for relief of what they are trying to do does not follow a reasonable interpretation of laws/rules
Hello, I'm John and I am happy to help. If I am away, I am working with another customer or researching your answer. Your management company is quoting a statute that was repealed in effective July 1, 1994. North Carolina general statutes sections 55A-7-20 through 55A-7-29 discuss voting. All these sections defer to they bylaws or articles of incorporation. In other words, generally speaking, these provisions provide guidance in the absence of contrary guidance in the bylaws or articles of incorporation. If the articles say no mail in ballots, then that is the rule. In fact, I did not find a section which allows for mail in ballots. There are many reasons why mail in ballots should not be allowed. I would question the capabilities of a management company which quotes laws which were repealed 17 YEARS AGO. Way to stand up for your rights!!
16 years of legal experience in various aspects of the law. Licensed in multiple states.
I errored on NC Gen Statute 55A-1-08...Should have been 55A-7-08 and 55A-7-04.
Mr. John sorry for my misquote : my arquement is basicaly with the use of statues that were not incorporated in bylaws, and for good reason "equtiy" would be my quess.
Bylaws are silent on mail in ballots for elections of officers.
Section 9. Voting. The voting rights of the members shall be as set forth in the articles of Incorporation, and such voting rights provisions are specificly incorporated herein.
Section 10. Proxies. Voting members may vote in person or by proxy.
Roberts Rules of Order Newly Revised is our default site in our bylaws.
Nothing indicates that we should use 55A-7-04....55A-7-08.
Would "Equity law" over rule these statutes. Thanks Bob
I'm sorry. I thought you indicated that the bylaws said that mail in ballots are not allowed. Within the range of statutes I provided above, it also states that the board may establish reasonable rules. If your bylaws are silent on this, I would think that one could construe mail in ballots as a reasonable means of voting.
I question "reasonable means of voting"?
The membership is scattered all over and in person or proxy voting is allowed for this reason, as mentioned in bylaws.
To involk mail in ballots for directors, the annual meeting would not be necessary. Floor nomination would be denied with mail in ballots
I would think the laws of equity would over rule State Statues because the ballots could be, let's say re-ajusted!
The non-profit Corporation does not have any officers, only the Condominium Association has Officers/Directors. NC condominium Act @47A would govern Association and voting by proxy is only method allowed for directors.
Something is missing in response's or, am I not laying out the questions correctly.
Thank you Bob
<p>N C General statutes 47C-3- 01 thru 47C-3-110 North Carolina condominum Act.</p><p> </p><p>47A is unit owners act. </p><p> </p><p>All these would come into play when building bylaws by the incorporators for a planned community, I would think.</p><p> </p><p>Those statutes that applied would be included and those statutes that would dissenfranchise members of the association from a fair system of voting would, for good reason, be left out of bylaws.</p><p> </p><p>Thank you Bob</p>
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