First, we , as the Board, would like to apologize to the community, especially those that were present at our annual meeting.
We made a mistake and failed to conduct a portion of business in accordance with the documents of the Association. We were unaware at the time of the proper procedure for accepting floor nominations.
Second, thank you to the homeowner who pointed out our error and informed the Board of the mistake.
Now, for a more detailed explanation of what this is about.
During the nomination process at the annual meeting, the Board failed to adhere to the requirements under the Articles of Incorporation Section 5.2.B for the nomination process making both nominations from the floor invalid at the time a vote was called for.
The articles require three people to second a floor nomination. Laura was nominated by motion from the floor and the nomination was seconded by two members in good standing. Since it is reasonable to expect that a 3rd vote would have been cast for Laura’s nomination, we believe that her nomination should stand, and she should remain on the Board if she still agrees to do so.
David’s self nomination form was invalid, because it was not sent the required minimum of 20 days before the meeting. The form can’t be used as a floor nomination for several reasons – there was no motion to nominate David from the floor, and neither David nor 2 of the people signing the form were present for the meeting, and none of their proxies were submitted. After a careful review of these issues we believe that the circumstances around David’s nomination invalidate his membership on the board this year.
In light of these changes, we think that a 3 person Board is sufficient to conduct business this year and aligns with the HOA documents. We are confident that this decision will result in the Board’s re-alignment with the community documents as well as providing for an effective Board able to meet the needs of the HOA.
This would make your Board of Directors for 2017 the following:
Michael Caro- President
Wade Towles- Secretary
Laura Mulvaney- Treasurer.
If you have any questions or concerns regarding this matter, please feel free to contact us at firstname.lastname@example.org
Your Cedar Grove HOA Board 2017