Common interest properties are common throughout Ohio. Board members or directors are responsible for scheduling regular meetings of the association members. However, coordinating schedules can be frustrating. It is impossible to select a meeting date that pleases everyone. Now, there is a better way to conduct association meetings.
BuildingBoard makes it easy and convenient for you to hold your annual meetings and board meetings. Using our platform, you can schedule, conduct, and hold votes remotely. Members and directors access the live meeting through BuildingBoard without the need to download apps or software.
Missing a quorum means that you need to reschedule the meeting and send additional notices. Additionally, you cannot conduct association business or elect new directors, board members, or officers without a quorum. Therefore, it is crucial that you do everything you can to have a quorum present for each association meeting.
The annual meeting is held to conduct business that impacts the entire community. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues.
The Ohio Condominium Property Act governs condominium communities that submit to its provisions by filing a declaration. Section 5311.08 states that all meetings of the unit owners association are open to all unit owners unless modified by the bylaws. Additionally, the people present at the meeting in person or by proxy constitute a quorum.
A set of bylaws governs the association. The bylaws state, among other things:
Section 5311.22 explains voting for association members. Unless prohibited by the bylaws or declaration, any unit owner may cast all votes for that unit. In addition, a fiduciary for the unit owner may vote for that unit owner. Fiduciaries include, but may not be limited to, guardians, estate administrators, bankruptcy trustees, and conservators.
Co-ops and HOAs are generally organized as nonprofit corporations. Condominiums may also be nonprofit corporations or choose not to organize under the Condominium Act. Nonprofit corporations would be subject to the following provisions of the Nonprofit Corporation Act:
A quorum equals the number of voting members present in person at the meeting, by the use of authorized communications equipment, or mail.
In addition to the Nonprofit Corporation Act and the Ohio Condominium Property Act, the Ohio Planned Community Law applies to “any planned community” in Ohio. According to the law, an owners association “shall administer” a planned community, and a board of directors elected by the owners exercises all power and authority of the owners association.
Meetings of the association should be called every year, with special meetings called as required by circumstances. The Act does not discuss voting rights, quorums, or proxies. In many cases, the bylaws and the articles of organization set for this information. However, if the association is a nonprofit organization, it could be subject to the same provisions applicable to other nonprofit associations.
The Condominium Act states that a board meeting may be held by any method of communication.
Furthermore, Section 1702.17 of the Nonprofit Corporation Act also permits voting members and shareholders to attend meetings of voting members through authorized communications equipment. Members who use authorized communication equipment are deemed to be present in person.
In addition, Section 5312.04 of the Planned Community Law states that the board may hold a meeting by any method of communication. Boards should review their bylaws to determine if they prohibit remote meetings and consult a lawyer if they have questions.
BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. Your members vote via their smartphone or computer.
Are you ready to simply your annual meetings? Contact BuildingBoard to learn more about our services and to schedule a demo.
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