Question:
Hello, Our HOA is located in Pa. our By-Laws state that our ” Annual meeting shall be held in the month of July each year”, the board decided to move it to December without the members approval stating they are allowed to according to Title 15- Corporations and Unincorporated Associations Chapter 57- Officers, directors and Members Section 5755- Time of holding meeting of members. (A) Regular meetings- “The By-Laws of a nonprofit corp. may provide for the number and time of meetings. Except as otherwise provided in a By-law adopted by the members”. My question is is the Board allowed to take this action or are they in violation of our Bu-laws. Thank you.
Answer:
Section 5755(a) of the Pennsylvania Consolidated Statutes states that the “bylaws of a nonprofit corporation may provide for the number and the time of meetings of members.” This means that the bylaws dictate the number and time of the meetings. As such, your bylaws should be followed. If your board wishes to change the bylaws, an amendment is necessary.
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