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

One duty of the board of directors for a homeowners association is to schedule the annual meetings. However, coordinating schedules can be frustrating. Board members may have trouble choosing a meeting date that is convenient for the majority of the members. Now, there is an easier way to hold association meetings.

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Simplify Your Board Meetings in Montana With BuildingBoard

BuildingBoard makes it easy for your members and directors to attend association meetings. With an internet browser, they can attend live meetings and submit votes electronically. There is no need to download software or apps. The entire system is internet-based, which makes the process quick, simple, and convenient.

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Risks of Missing a Quorum in Montana

Missing a quorum means that you cannot elect directors or conduct other association business. It also means rescheduling the meeting and sending notices and reminders to encourage more members to attend the rescheduled meeting. Missing a quorum requires much more work for directors. It can also cause problems for the association if matters cannot be addressed promptly.

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.

The Nonprofit Corporations Act

Most associations for common interest properties (i.e., HOAs, co-ops, and condos) are organized as nonprofit corporations. Therefore, they are subject to the provisions of the Nonprofit Corporations Act. If your association is a nonprofit corporation, the following provisions of the Act will apply for annual meetings.

Meetings of the members are to be held annually. Notice of the meeting should be consistent with the bylaws, but must be fair and reasonable. This requirement is met if the notice is given at least ten days before the meeting date (30 days if sent by certified mail), but not more than 60 days. 

Unless otherwise provided by the bylaws or articles, a quorum equals ten percent of the votes entitled to be cast for a matter. However, one-third of the voting power must be present to vote on matters not described in the meeting notices. 

Unless the bylaws or articles state otherwise, members may vote in person or by proxy.

The Unit Ownership Act – Condominiums

Some condominiums may be subject to the Unit Ownership Act. There must be a recorded declaration stating that the property is subject to the provisions of the Act. 

The unit owners adopt bylaws to govern the administration of the property. The bylaws should include the method of calling meetings of the unit owners and the percentage of unit owners that constitute a quorum.

Cooperative Associations

Some cooperatives may file a declaration that they wish to be subject to the Cooperative Associations Act. If so, the co-op is subject to the provisions of the Act that require annual meetings according to the cooperative’s bylaws. Written notice of the annual meeting should be sent at least seven days before, but not more than 30 days before, the meeting date. 

A quorum at a regular meeting is ten percent of the first 100 stockholders plus five percent of any additional stockholders present in person unless the bylaws state otherwise. Written votes are accepted by mail for regular or special meetings.

Virtual Annual Meetings in Montana

Section 35-2-526 of the Nonprofit Corporations Act states that the board of directors may determine that an annual meeting be held solely utilizing remote communication. The section also states that members may participate in a meeting of members by remote communication or telephone call, if permitted by the bylaws. 

Directors should always review the association’s bylaws and articles to ensure that they comply with any provisions in the association documents for remote meetings.

Hold Your Montana 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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