Meetings, Elections, and Voting Flashcards

An association uses an independent inspector of elections. Which task is the inspector NOT typically responsible for?

Answer: Setting the agenda for the annual meeting

The inspector of elections manages the voting process and certifies results but has no authority over the meeting agenda, which is the board's responsibility.

An owner submits a petition signed by 15% of all members requesting a special meeting. The board refuses to schedule it. What is the typical remedy?

Answer: The petitioning owners may call and hold the meeting themselves if the board fails to act within the statutory or bylaw timeframe

Most state statutes and governing documents allow petitioning owners to call and conduct the meeting themselves if the board fails to schedule it within the required period.

A motion is made and seconded at a board meeting. Before the vote, a director moves to 'postpone to a definite time.' This motion:

Answer: Delays action on the main motion to a specific future time while keeping it alive

Postpone to a definite time delays the vote on the main motion to a specified point but preserves the motion for future consideration.

Association governing documents are silent on whether board meetings must be open to members. Under most state community association statutes, board meetings are:

Answer: Generally open to members except for specific executive session topics such as litigation, personnel, and delinquencies

Most state statutes create a default presumption that board meetings are open to members, with defined exceptions allowing executive (closed) sessions for sensitive matters.

A quorum is lost during a board meeting when two directors leave early. The remaining directors may:

Answer: Only take a motion to adjourn or recess; substantive votes without quorum are invalid

Once quorum is lost during a meeting, the body can only adjourn or recess; any substantive votes taken without quorum present are generally invalid.

The board wants to change the time of the annual meeting from 7 PM to 10 AM. Which governance step is required before implementing this change?

Answer: A board resolution alone is sufficient if the bylaws do not specify the time

If the bylaws do not specify the meeting time, a board resolution is sufficient authority to set or change the time of the annual meeting.

Under the Davis-Stirling Act in California (a common reference model for HOA law), which election violation can result in civil penalties against the association?

Answer: Failing to use a secret ballot for director elections as required by statute

California's Davis-Stirling Act mandates secret ballots for director elections, and failure to comply can expose the association to civil penalties.