A 79-unit condominium association held a meeting to remove the directors from office and elect new ones. The president objected to the meeting, the procedure and the notice, but since the association followed the documents and had more than half of the unit owners vote for the removal, the directors were removed.
Continue Reading Directors Removed from Office – Just Follow the Documents
Do we really have to tell all of these people who never come to any homeowner meetings that we are having elections? YES. You need to keep them fair if you want them to be valid. In less than a minute you can know all you need to know in this Vlog.
Want to
As Condominium and HOA attorneys, we often receive questions from our clients dealing with all the issues that can get in the way of conducting a successful annual meeting. Most often, it is the issue of not being able to achieve a quorum of owners in attendance—which stymies the Association’s ability to hold Board member elections, approve the budget, and take other important actions to further the HOA’s business for the coming year. So what happens if an Association’s Bylaws calls for annual board elections, but the Association does not hold elections for a number of years? Is there a Board? Does the Board have any authority? A recent case addressed these issues, and the court’s findings might surprise you.
Continue Reading If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You…
Master v. Country Club of Landfall, — S.E.2d — (2018)
Issue
Does due process require a hearing before an impartial tribunal (Board)? NO!!!
The Facts
Masters was a member a private golf club within his HOA. The golf club (“Club”) sought to make significant changes to its bylaws. Masters opposed the changes and wrote and sent a series of emails to other members claiming the proposed changes were unethical and immoral. Specifically, within the emails Masters “made references to Hitler, Barabbas, Jesus and slavery.” After several Club members complained, the Board concluded that Master’s actions were “insulting and inappropriate and had no place within the Club.” As a result they voted unanimously to terminate his membership. In accordance with the Rules the president referred the matter to a hearing panel. Master’s was given notice of the hearing and although he did not appear, his attorney did attend and argued for “suspension” instead of termination, but did not ask any members to recuse themselves. The hearing panel voted to terminate Masters membership and he filed suit.
Continue Reading Are Grievance Committees Impartial Enough?
Some states have statutes that require that Associations provide a notice and opportunity to be heard to a resident before the Association can fine them for a violation of the governing documents. Even though Wisconsin does not have such a statute, providing residents a notice of the alleged violation and opportunity to give their side of the story is an important component of providing due process—which will help make your fines ultimately enforceable.
Continue Reading The Importance of Due Process—What is a “Notice and Opportunity to be Heard?”