be improper for a group of owners to force a vote to upset the outcome of this statutorily defined process. Example (3) might require a covenant amendment and thus such a rule could be vulnerable to challenge; plus, most governing documents vest the board, not owners, with the authority to adopt rules. These are examples of owner-requested votes that arguably cannot be forced onto an agenda, despite a petition to do so. If a petition demands a meeting and vote on an issue the board believes is out-of-bounds, the board should consult association legal counsel to help navigate its responsibilities.
These are examples of owner-requested votes that arguably cannot be forced onto an agenda, despite a petition to do so.
Find Avenues to Engage Discontent
A petition for a meeting often signifies discontent among a contingent of owners, and this discontent may be directly related to one or more of the directors or the board’s policies. Even though it can be difficult, it is advisable to place personal feelings aside while working out the logistics of how to properly respond to a group’s demand. Determine the required process and follow it. Yet, recognizing the underlying problem or discontent can help guide an association’s response. For example, even if a petition falls short of the required signatures, requests a meeting on a date that would not allow proper notice, or demands an impermissible vote, it can be useful to work with the requesting owners to organize a proper meeting even if the meeting is only informational, or includes a non- binding advisory vote—effectively, an owner survey.
Organize a proper meeting even if the meeting is only informational, or include a non-binding advisory vote—effectively, an owner survey.
How to Proceed
These issues can be quite complex, especially if a petition demands a vote on an issue reserved exclusively for the board, or that is controlled in certain respects by statute or the governing documents. If your association receives a petition like that, the board should consider contacting its legal counsel for advice on how to proceed.
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