We’re not prepared for our annual meeting which is in August. We’d like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one?

Written by submitted anonymously on July 31, 2017. Posted in Feature, Questions & Answers

Without seeing them, I’m fairly certain the Governing Documents provide for a date certain (for example, the second Tuesday in August) or something similar. That means the Annual Meeting should at least start on that date. There should be nothing in the Governing Documents – and there is nothing in PA law – that requires a meeting to be completed on the date it starts. Rather, after opening the meeting in August, continue it to the September date and then conduct business then. You might want to tell people in the notice what will be happening so that they don’t get angry. That might also give you another reason to continue the meeting: you won’t have a quorum present to transact business. Make sure you follow any notice requirements in the Governing Documents as to the continued meeting.

Sara A. Austin
Austin Law Firm LLC
226 E. Market St.
York, PA 17403
717.846.2246 phone
717.846.2248 fax
saustin@austinlawllc.com

Although the failure to hold the meeting in August is a technical violation, If there is no underlying reason for the delay other than having the Association’s ducks in a row, then proceed with notice of the September meeting. If a co-owner seeks to challenge the decision, their remedy would be to institute court action and obtain a court order that would require the board to schedule a meeting in August. Given the time and expense associated with seeking that remedy in court, I doubt that would amount to a realistic concern.

Edward Zelmanski
Zelmanski, Danner & Fioritto, PLLC
Attorneys at Law
44670 Ann Arbor Road, Suite 170
Plymouth, Michigan 48170
(734) 459-0062 Fax: (734) 459-5313
ezelmanski@zdfattorneys.com

You have several alternatives depending on what your documents say.
You can call a meeting and adjourn;
You can just call the meeting for September;
You can have the meeting at the original date and act on just those items
you are prepared for and adjourn until a later date for the rest.

Kenneth D. Roth, Esq.
Marchetti Law, P.C.
900 N.Kings Highway, Suite 306
Cherry Hill, NJ 08034
kroth@marchettilawfirm.com
Tel: 856-824-1001
856-414-1800
Fax:267-219-4838

You should try to hold the annual meeting on the date set forth in your documents (assuming one is provided). However if you are not prepared to go forward with a meeting in August, I do not see a problem with the Board voting to hold it in September this year, provided you go back to having the meeting on the scheduled date going forward.

Mark A. Nappier, Esq
Joye, Nappier, Risher & Hardin LLC
3575 Hwy 17 Business
Murrells Inlet, SC 29576
843-357-6454(Tel)
843-651-8127(Fax)