Question:
I’m an owner in the Deer Mountain Homeowners Association in Utah. For the last 4 years, Deer Mountain has held an annual meeting without a quorum of voting interests present. Instead of closing the meeting and re noticing it per their CC@Rs, they just continue on with business and the election of trustees. So for the past 4 years, this unelected board has been spending HOA dues, fining and collecting fines and rewriting the governing documents.
In addition in 2019 they adopted a bylaw amendment that removed 2 rules in their bylaws allowing cumulative voting. This action greatly restricted the way residents could vote for trustees at the annual meeting.
They have received numerous complaints about these actions yet continue on without answering them.
I hope you can help us or direct us to the proper authorities
– Paul
Answer:
Hi Paul,
You may raise your concern regarding the quorum at a board meeting or by contacting the current board of directors. Normally, the directors who held office before the elections would remain in office. However, if it’s found that the board has legitimate authority and the bylaws were amended in accordance with the procedure in the governing documents, the new voting rule may be valid. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
