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Association Members

 

A homeowner association's governing documents typically define a "member" as a person who is the owner of record of the separate interests within the development and provide that membership in the association is "appurtenant" to the owner's lot or unit and may not be transferred or conveyed separately from a conveyance of the separate interest.  If a lot or unit is owed by a business entity (corporation or limited liability company), or more than one person, the entity or the individuals are required to designate one person as the voting member to avoid conflicts or confusion in the election process. 

 

An association's governing documents and/or applicable state laws require that homeowner associations provide appropriate notice of meetings and that the membership meetings be conducted in accordance with a recognized system of parliamentary procedure (i.e. Robert's Rules of Parliamentary Procedure). Actions that are taken at an improperly noticed meeting may be defective and subject to challenge.

 

State laws and the association's governing documents provide for periodic "regular" meetings of the members of the association (typically once a year) and "special" meetings as required for any lawful or specified purpose.  The membership meetings must be held in accordance with the governing documents and applicable state laws.  Regular meetings of the members are held on a date, at a time, and with the frequency stated in the association's bylaws, but they must be held in any year in which directors are to be elected. The meetings are usually held at the association's office, but the meetings may be held at any location fixed in accordance with the governing documents. If an association fails to hold regular member meetings that are required by its governing documents for a period that is fixed by the governing documents or applicable state laws, a member may petition a court that has jurisdiction over the association for an order directing the meeting to be held.

 

An association's governing documents and applicable state law will specify the requirements for establishing a "quorum" at membership meetings. The quorum requirements mitigate the possibility of dominance by a small number of members who might seek to approve actions favored by the minority which could become binding on the association.  If minimum quorum requirements are not satisfied, no action may be taken other than a vote to adjourn the meeting. As a general rule, if a quorum is in attendance at a meeting of the members, the affirmative vote of the majority represented at the meeting, will be considered the act of the association's members. Under limited circumstances, a greater voting percentage may be required.

 

The association's governing documents and applicable state law specify the actions that required membership approval and generally include such actions as the election of directors, the removal of directors without cause, amendment of the articles of the CC&Rs, and agreements to merge with another association or to sell all or substantially all of the assets of the association.