Indiana

Indiana Annual General Meeting Requirements for Condos, Co-Ops, and HOAs

Accommodating schedules for board member meetings can be challenging. Likewise, choosing a date for an annual meeting of members can be difficult. If you need to reschedule meetings, it can be time-consuming and costly. However, BuildingBoard has a better way to hold association meetings.

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Population

6,732,219

Housing Units

2,921,032

Owner Occupied

69.10%

Associations

4,950

Simplify Your Board Meetings in Indiana With BuildingBoard

BuildingBoard has created a platform for virtual association meetings. Our platform is easy to use and encourages greater participation in annual meetings and board meetings. Members and directors can easily log into live meetings, participate in meetings, and submit votes electronically. 

There is no need to download apps or software when using BuildingBoard to allow electronic participation in meetings.

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Risks of Missing a Quorum in Indiana

It can be costly when your association does not have a quorum at a board meeting or annual meeting. The board must reschedule the meeting and hope that a quorum is present at the next meeting. Furthermore, association business may be postponed, which could create other problems for the community.

Annual General Meeting Requirements

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.

Condos

Title 32 Article 25 of the Indiana Code governs condominiums. The condominium bylaws must state the method of calling meetings of the members and the number of members present that constitute a quorum. Other than stating that the bylaws shall cover these subjects, the code does not define voting, proxies, or meetings. 

Associations may be organized as nonprofit corporations, which would make them subject to the Indiana Nonprofit Corporation Act. Provisions of the Nonprofit Corporation Act that could apply to condo associations incorporated as nonprofits would include:

  • Required to hold annual meetings of members
  • Notice of meetings given ten days before but no more than 60 days in advance
  • Unless the bylaws or articles of incorporation state otherwise, a quorum equals ten percent of the votes entitled to be cast on a matter
  • Unless prohibited or restricted by the bylaws or article of incorporation, a member may vote by proxy. Proxies may be signed personally or by an attorney-in-fact

The nonprofit statutes do not define or address electronic voting. They only state that a person may vote “in person or by proxy.” However, as noted below, the nonprofit statutes permit attending through any means of communication, and the person is considered to be “present in person” at the meeting.

Co-Ops

Indiana does not have a specific statute related to cooperatives. However, most cooperatives are organized as nonprofit corporations. Therefore, the co-op would be governed by the same laws for nonprofits described in the sections for HOAs and condominiums.

HOAs

Title 32 Article 25.5 of the Indiana Code governs Homeowners Associations. IC §32-25.5-3-3 states that the HOA must prepare an annual budget. The budget must be approved by a meeting of the HOA. A majority of the members of the HOA attending the meeting is required for approval of the budget. 

The bylaws or articles generally set forth how meetings are to be called, quorums, voting procedures, and other issues related to the meeting of members. 

Members may vote in by proxy. Proxies must comply with the requirements in §32-25.3-3-10 of the Indiana Code. The HOA cannot suspend a member’s right to vote unless the governing documents provide for suspension or the property assessments are delinquent for more than six months.

Virtual Annual Meetings in Indiana

The Nonprofit Corporation Act allows members to participate in annual and regular meetings through the use of any means of communication no prohibited by the bylaws or articles. However, the communication means must allow the members to participate simultaneously in the meeting. Members participating electronically are considered present in person at the meeting.

The HOA laws state in §32-25.3-3-10 that a member is considered to be in attendance at a meeting if the member attends in person, by proxy, or by any other means allowed by state law or the governing documents of the HOA. Most HOAs are nonprofit corporations and would be subject to the provisions of the Nonprofit Corporation Act, which allows for meetings by any means of communication.

Since most co-ops are organized as nonprofit organizations, they would also be subject to the same laws as HOAs and condominiums.

However, board members should review the bylaws and articles of incorporation. These documents could prohibit electronic voting or remote meetings.

Hold Your Indiana Annual Board Meetings Virtually with BuildingBoard

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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