Question:
When voting for new officer board members, do all HOA members have to be notified of voting if they live out of state and the land is not developed? or can the vote be made with the members present at such HOA meeting and a 2/3 majority yay or Nay be ruled as unanimous.
– Phyllis
Answer:
Hi Phyllis,
Proper notice must be provided to all owners for any meetings of the association. This is in accordance with the West Virginia Uniform Common Interest Ownership Act ยง36B-3-108, which states: “Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or member of the executive board.”
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