HOA Member Attendance During Board Elections

Question:

Do members have to be present when voting for the new board

– James

 

Answer:

Hi James,

It depends on what the governing documents say about HOA board elections. The governing documents may state whether there should be an in-person meeting or an election by mail or electronic voting. If a meeting is required, it often only needs to meet a quorum. The number varies depending on the governing documents as well.

In addition, you may find this excerpt from the Michigan Nonprofit Corporation Act Section 450.2402 useful if your HOA is incorporated as a nonprofit organization:

“A corporation shall hold an annual meeting of its shareholders or members, to elect directors and conduct any other business that may come before the meeting, on a date designated in the bylaws, unless the shareholders or members act by written consent under section 407 or by ballot under section 408 or 409.”

With this, an annual meeting for elections may be required for incorporated HOAs.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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