HOA Refusing to Call Special Meeting

Question:

We have sent the notice of no confidence to 2/3 board members and have asked them to call special meeting to vote on no confidence but they have refused to respond to our notice or call for a special meeting

– Udai

 

Answer:

Hi Udai,

Kindly exhaust all forms of communication and contact the board via call, text, email, mail, or visit them in person. You may also attend a meeting to raise your concerns. Alternatively, you may also review the governing documents and find any provisions regarding special meetings. Many governing documents allow homeowners themselves to call on a special meeting if they meet a certain percentage of voting interests.

In fact, if you live in a condominium made after January 1, 1991, you may refer to the Alabama Uniform Condominium Act of 1991 Section 5-8A-308 which states that unit owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association can call on a special meeting.

If your association is incorporated as a non-profit, you may refer to the Alabama Nonprofit Corporation Law Section 10A-3-2.02(c), which states that: “In the absence of a provision fixing the number or proportion of members entitled to call a meeting, a special meeting of members may be called by members having one-twentieth of the votes entitled to be cast at the meeting.”

For further guidance, kindly consult a lawyer.

 

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

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