Thank you for the outpouring of support for your board members shown at the annual budget meeting and election. Thank you for trusting that we take the best interest of the community to heart. The fact that we are also property owners greatly influences the decisions we’ve made and continue to make. Your trust and support encourages us to continue our volunteer efforts in managing the operational and aesthetic needs of our community which helps us maintain the highest possible values for our properties.
There are two purposes for the annual budget meeting and election: to vote on the proposed budget and assessments for the coming year, and to elect directors to the board. For the most part the meeting went well with a nearly unanimous vote to keep the current Board of Directors. Only a couple minor issues arose due to members misunderstanding the covenants. The first was regarding the budget and assessment vote. Several members were under the impression that they would be voting to ‘approve’ the budget, but Article IV, Section 4.03 – General Assessments says differently.
The second issue was regarding directors and officers and how they are elected/appointed. As explained in Article III of the bylaws, the annual election is for members to vote on the Board of Directors only. As for Officers, Article IV, Section 4.01 of the bylaws states that “The President and Treasurer shall be elected from among the members of the Board of Directors.” The normal reading of that provision is that the directors elect those two officers from among themselves. The provision is not in the Article governing elections by the members, and section 4.02 goes on to discuss officers serving for such terms and with such duties as approved by the board of directors. In short, the officers are determined by the board, not the membership of the association.
If there are any sections of the association’s governing documents that you are unclear on, please let us know and within our ability we will explain it. Or if you’d like to take advantage of some free online legal advice, where association related questions can be asked, here is a great website: www.avvo.com
Thanks again for your support!