Sunday, July 1, 2007

Annual meeting and election of the Board of Directors

Most, if not all, of the current Board of Directors have not been elected. Furthermore, they seem either insufficiently familiar with, or are deliberately violating, the Condomium Act.

The Virginia Condominium Act § 55-79.75 states:

"A. Meetings of the unit owners' association shall be held in accordance with the provisions of the condominium instruments at least once each year after the formation of said association."

We're told that the last meeting of the unit owners' association was held in 2001. We're told that the problem is the inability to obtain a quorom. We think there's a deeper problem.

The Board discourages participation. One example is the problem with obtaining the meeting agenda and information packets. Another example:

On September 13, 2001, just prior to the annual meeting of the unit owners' association, I was informed by a note left on my door that "your candidate statement dated September 11, 2001 is considered political campaign information and will not be sent out with the official notice of meeting." I immediately asked the Board of Directors to provide the legal basis for rejecting my candidate statement. No reply was received.

On October 11, 2002 I again wrote to the Board of Directors: "To my knowledge, during the 20 plus years that this Association has existed, this is the first time that a candidate was denied the same right afforded to all other candidates. My written complaint of September 19, 2001 was not answered. My formal objection at the October 11, 2001 Annual Meeting was not included in the minutes distributed on October 10 2002." No reply was received.

Lastly, the time available for questions and answers at annual meetings is insufficient. The Olympus at Landmark holds an informal get-together prior to annual meetings for owners to get to know the candidates. This may be worth considering at Southampton.

Failure to hold a meeting of the unit owners' association "at least once each year" could affect Southampton's insurance coverage.

2 comments:

Moderator said...

Soutampton Bylaws Article V, Section 6 states: Vacancies among the elected Directors . . . shall be filled by a vote of the majority of the remaining Directors, . . . each person so elected shall be a Director until a successor is elected by the members at the next annual meeting to serve out the unexpired portion of the term."

Anonymous said...

I think the biggest problem with getting a new Board is that (1) not enough unit owners ever show up at annual meetings (or send in proxies) - I think I've been to three - to make a quorum so that new folks CAN be elected, and (2) not enough people show interest in running to begin with. (That said, being on a Board is a lot of work and is generally thankless (I say that from another condo board I was on) so it's not too surprising no one runs. LET'S DO BETTER THIS YEAR AND GET CANDIDATES/GET OUT THE VOTE!! :)