Featured Comments: Members harrietlcg & LegalEagle address member ReadYour ByLaws's misinterpretation of Bylaws, from the comments of blog post LLHOA Recall Election Results, A New Beginning! (click to view)
harrietlcg commented:
I understand your concern. Michael’s recall did not have the initial votes and the board adjourned it therefore there could be no continuation. Please go to page 12 of the bylaws section 4 which explains in detail the procedure for a quorum and how the vote can be continued. We had an HOA lawyer present and at least one other HOA lawyer said we were following the law. Everything was done by the rules
LegalEagle commented:
To ReadYour Bylaws,
You assert a belief that this recall was handled improperly. It was in fact handled in a professional & legal manner. Their campaign was successful because they followed the rules and ran on a promise to clean up the mess created by the 3 directors that were formerly in control. It was because of their terrible actions this year and their lack of any ethics that the HOA members chose to change the makeup of the board. The voting results CLEARLY send a message that the membership has rejected them. Mike, Paul & David screwed up your HOA so badly that the voting members said ”No More!”
Harriet is right about the the bylaws and the rule about reaching a quorum. You should read it carefully. Also, an independent HOA attorney was present to observe the voting process on election night and he stated that it was all handled ”by the book”. There is no concern that any part of the process could be overturned.
Also, if the 3 board members who lost their positions on the board were concerned about the election why didn’t they speak up or even show up on election night? Neither Mike, Paul or David came to voice their opposition to the recall or fought to hold onto their positions! It showed everyone that they didn’t care.
And their side did everything they could to obstruct the recall, from ignoring the original request as submitted to the board to sending out a false mailer trying to confuse members with a change of dates for the election and finally sending out a fraudulent email to many members claiming the recall had failed. Their campaign was full of deception from the beginning. They have Chris to thank for that. That’s why they failed.
So what do you mean when you state, “Don't ruin our chances in March Harriet“ ?
If you voted for Harriet then you voted for change to happen now, not months from now..
Or could your comments be yet another desperate attempt by the other side to interfere with a successful campaign?
Note:
The rule about reaching a quorum in the Bylaws is as follows, Article XI Section 4, Quorum (click to view the Quorum section in the Bylaws, on page 12.)
By-laws of Lake Lindero Homeowners Association, Article XI, Section 4. Quorum.
The presence at any meeting, in person or by proxy, of members entitled to cast in excess of 50 percent (50%) of the votes of the membership, shall constitue a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration of Restrictions, or these By-laws. If, however, such quorum shall not be present or represented at any meeting, the members present either in preson or by proxy, may without notice other than announcement at the meeting, adjourn the meeting to a time not less than forty-eight (48) hours nor more than thirty (30) days from the time the original meeting was called, at which meeting twenty-five percent (25%) of the votes of the membership shall constitute a quorum.
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LakeLindero member
It was not a second recall election. It was the same election that was conducted on Dec. 19th 2019 that was voted by members present at the meeting at 7pm on 12/19 to adjourn to 7pm on 12/23/2019. On 12/23/2019, quorum was met per the bylaws, ballots were opened and counted by the inspector of election, recall was successful (82% Yes, 17% No, 1% Abstain), new Board was elected.
If you voted, then your voice was heard. If you chose not to vote, then you gave up your right to voice your opinion in the recall election.
Hello, how is it possible that there was a second recall election on December 23rd, when we did not receive any notification of a new meeting nor new ballot for this? We only received the notification for the special meeting of December 17th then 19th. We did not get an option to vote. Why?
LegalEagle,
I posted the information on the by laws on loans as that was the only place in CC&R’s that I found any reference to loans and there it specifically addresses the encumbrance of the HOA property. This is a real red flag, as it is very limited in that it only refers to “Real Property, or land” . So, void of any other limitations in the document, it could be argued that the Board has the authority to enter into an agreement to borrow money that does not encumber the land of the HOA or its members. In looking at corporate codes,(cc7140(i) there is nothing that restricts the board from this activity if it is not within the CC&RS’s.…
hoamember2
Your comment: "My read: The association may borrow money to improve common areas and facilities by securing a mortgage on the common property or facilities"
The 3 members of the board, Umann, Bromley & DiNapoli (Board) secretly accepted terms of financing from Chris Barone (CEO) to purchase equipment for the HOA with an agreement to pay the money back. That's a loan. Barone has stated on video that there is no documentation for this transaction. He has stated that there are no terms on the loan other than he expects to get paid back when the club can afford to do so and he was clear that there would be no interest charged for the loan. These are…
hoamember2,
The majority of members for the LLHOA would equal just over 50% or 230 if every member was in good standing.