Scheduling board meetings and annual meetings for a community interest property associate can be challenging. It isn't easy to choose a date for a board meeting that works with the schedules of all the board members. Choosing a date for the annual meeting that makes all unit owners happy is impossible. BuildingBoard has developed a better way to hold association meetings.
You can hold your board meetings and annual member meetings remotely with BuildingBoard. Our platform is internet-based, so your members can attend the meeting on their tablet, smartphone, or computer. If they have a web browser, they can participate in the live meeting and cast votes electronically as if they were physically at the meeting.
Missing a quorum because people are too busy to attend association meetings is a common problem. Remote meetings encourage more members to attend meetings. Instead of missing a quorum, you may find that remote meetings result in higher levels of member participation, which is better for the community.
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 Georgia Condominium Act governs many of the condominiums throughout the state. If your association is governed by this Act, you are required to hold annual general meetings. Notice of the meeting is to be provided to each unit owner at least 21 days before an annual meeting.
Unless the bylaws or articles state otherwise, a quorum is present if at least enough members entitled to cast 1/3 of the votes are present at the start of the meeting. The quorum for board meetings is at least enough board members entitled to case ½ of the votes.
Members may cast their votes by proxy. If more than one person owns a unit, an owner who is present can cast all votes for the unit with the unanimous consent of all unit owners.
It is also important to remember that condominiums could also be subject to the profit or nonprofit corporation statutes if the association is organized as a corporation. Many condominium associations are organized as nonprofit organizations. We discuss the nonprofit statutes in the next section.
Co-ops and HOAs may be governed by the nonprofit or for-profit corporate statutes in Georgia. It depends on the articles of incorporation.
Also, property owners' associations, including condominiums, could be subject to the Georgia Property Owners' Association Act. Board members should review their bylaws and articles to determine which laws apply to their association. Let's look at some requirements from all three statutes that could apply to annual meetings for your association.
Georgia Property Owners' Association Act
The creation of a property owners association is an affirmative election to be governed by this Act. Meetings of the association must be held at least once per year. Notice is given at least 21 days before the meeting.
One owner of a unit may cast all votes for the unit under unanimous agreement with the other owners. Members may vote by proxy according to the terms outlined in the bylaws or by law. Unless the bylaws state otherwise, a quorum exists at an annual meeting if at least enough people are present at the start of the meeting to cast at least one-third of the eligible votes.
Associations must be incorporated as a business corporation or a nonprofit membership corporation before submission to this article.
Georgia Nonprofit Corporation Code
Associations that are nonprofits must have annual meetings of the members according to the code. Notice of the meetings is according to the bylaws, but the notice must be fair and reasonable. Fair and reasonable is at least ten days before the meeting (30 days if the notice is not sent by first-class, registered, or overnight delivery mail), but not more than 60 days before the meeting.
Votes for matters at annual meetings may be made by ballot. The ballot may be in writing or by electronic transmission. The written vote must follow the guidelines in the code for the vote to be valid, including gaining enough ballots to constitute a quorum.
The bylaws set the quorum. Otherwise, a quorum is enough people to total ten percent or more of the votes entitled to be cast on a matter. Unless there is a 20 percent quorum, the only matters that may be voted upon are those included in the meeting notice. Unless the bylaws or articles prohibit proxy voting, members may vote in person or by proxy.
Georgia Business Corporation Code
Associations organized as for-profit corporations would be subject to the Business Corporation Code. The corporation must hold an annual meeting for shareholders. Notice of annual meetings must be given at least ten days but not more than 60 days before the meeting.
A quorum equals a majority of the votes entitled to be cast on a matter by the voting group unless otherwise provided by the articles or by law. The code provides that shareholders may vote in person or by proxy.
The Condominium Act does not address remote meetings. Both the nonprofit and the general corporation acts state that the board of directors may hold meetings by any means of communication. However, the statutes do not directly speak to remote meetings for members.
The emergency powers may give boards the ability to hold remote meetings of members in some cases. However, they should consult their lawyer to ensure they are not violating the bylaws, articles, or statutes that govern the associations.
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.
