AND SOLUTIONS GRADED A+TIP
✔✔If there are 5 people on the board and 3 are present at a meeting, is unanimous
consent required to pass an action? - ✔✔We know that a quorum is met because the
GCA and POAA state that one half or for the NPCC that a majority of the directors are
required to conduct business. Therefore, in order to pass a vote, we only need the
majority of directors present to pass a vote. This would mean that we can pass a vote
with 2 out of 3 because this is the majority.
✔✔What happens if a vote doesn't pass? - ✔✔Then the board is to look to the bylaws
or the vote is null
✔✔What if a quorum isn't met at the meeting? - ✔✔Then no business can be conducted
✔✔Proxy - ✔✔Document of written permission allowing one person to act in another's
place
✔✔For board voting outside of a meeting, typically for emergencies or immediate
needs: - ✔✔The director is deemed to assent to actions properly taken at board
meeting unless:
-Objection at the beginning of the meeting
-Objection/dissenting vote/abstention in minutes of meeting
-Objection/dissenting vote/abstention in writing before or immediately after meeting
adjourned
The directors need unanimous (unless otherwise specified) written consent of each
other outside of a meeting to pass a vote. Written consent must be delivered to the
corporation for inclusion in the minutes; action is effective when the last direction signs.
This can also be an email where directors reply all, email is usually a permissible
document but check the association documents.
✔✔What are the 3 types of meetings of the owners? - ✔✔1. Annual meetings
2. Special meetings
3. Town Hall gatherings
✔✔Annual meetings of the owners - ✔✔Board is required to send notice and try to call
this type of meeting. Association legal documents might outline the agenda for meeting,
but most give officer reports, elect directors, and review/discuss budget for upcoming
year
✔✔Special meetings of the owners - ✔✔Called for a particular purpose that arises
between annual meetings. Can be called by board members, special officers, or by
petition of members (owners)
, ✔✔Town Hall gatherings for Owners - ✔✔called if want to spread information or answer
questions about proposed actions. If no quorum for the annual or special meeting,
community "ends up" with this type of meeting
✔✔For the annual meeting of the owners in a GCA or POAA, how much notice is
required? - ✔✔Between 21 to 60 days (no more or less)
✔✔For the annual meeting of the owners in an HOA, how much notice is required? -
✔✔No written statues for HOA, but with regards to NPCC, they are required to give 10
days to 60 days notice (no more or less)
✔✔For an annual meeting of the owners, what content must be provided? - ✔✔1.
Meeting date
2. Time
3. Location
4. Agenda or Generalized description of topics
✔✔Member (owner) vote only permitted on issues described in meeting notice, unless
*BLANK* percent or more of voting power is present at meeting in person or by proxy -
✔✔20%
✔✔Is the board required to send annual meeting notices to every owner, even if the
owner is delinquent, in violation of the covenants, or lives out of town? - ✔✔Yes. Even if
the owner is out of town, delinquent, or in violation, they still have the right to attend the
annual meeting.
✔✔What if the annual meeting notice of the owners is defective in some way? -
✔✔Sending a defective notice means the meeting and all actions taken at the meeting
are subject to challenge by certain members
However, there are some members who cannot challenge:
-Members who appear at meeting, participate, and/or vote at meeting
The members that CAN challenge the meeting are:
-Members who appear at meeting, challenge notice, and do NOT participate or vote or
members who do not appear at meeting at all
✔✔Notice requirement for Special meetings of the owners - ✔✔The GCA and POAA
state that atleast 7 days to maximum of 60 days is required
For the NPCC (HOA), atleast 10 days to maximum of 60 days notice before the meeting
(unless bylaws state otherwise)
✔✔For a special meeting by the owners, what percentage of owners must provide
written request for the petition to call a special meeting? - ✔✔In a GCA, 15% of the unit
owners are required to give written request