A new board was elected in Nov., 2011, It's now mid March, 2012. We've had no notice of ANY board meetings yet understand they've been meeting by phone (not conference calls) and emails.
Our bylaws state we are to be notified of ANY board meetings 5 days prior to the meeting.
How does one attend a board meet we've never been notified of by phone or email?
Isn't this situation some sort of violation of State Condo Laws? They're accepting our maintenance fees yet we have no idea where or how our money is being spent.I hope this can be opened it's a read only document which contains so me of the bylaws in question. 10-11.doc 487K View Download
Your answer is going to be governed by your association documents and the state law. Since I have neither in front of me and I don't practice in Tennessee, I can only give you a few pointers.
1. Double check your reading of the bylaws. Do they say that all members of the association have to be given 5 days notice of a board meeting or only the board members. A notice sent to all association members would be unusual, but I guess it could be required.
2. Under most corporate codes and typical association bylaws, boards have the ability to approve actions by written consents outside of a meeting, all of which can be done by e-mail in most places.
3. Do your bylaws require a certain number of meetings per year? If so, you should be entitled to notice of the regular schedule for those meetings, say "the first Monday of each calendar quarter", and then you would know when to attend.
4. Have you requested copies of approved board resolutions or board minutes? Many corporate laws and association bylaws require that those be made available to members. They would give you more of an idea of what is going on.
5. Most modern corporate laws and bylaws would allow a board member to attend a board meeting by telephone, so in those cases a conference call between the board members would probably be acceptable.
6. Let the board members know that you want more information on how the association is operating. One way of doing that is to volunteer to be on a committee that deals with associaiton operations even though you are not an elected board member. Most association boards welcome the assistance of other members, and you would find that you become privy to lots of additional information on how the association is functioning.
This answer is for general purposes only, and it does not create an attorney-client relationship.
The documents you posted cannot be opened.
Your Condo agreement is a contract, so read it carefully for your notice rights.
If you want notice of the meetings, have you asked the board members to let you know when they are meeting? Have they denied your requests for information? Have they done something that has negatively affected your ownership? How were board meetings previously conducted or announced?
You haven't yet described any actionable claim, but yes you probably have notice rights under your agreements. Read your agreement and also communicate your concerns with your board.
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