11-30-2017, 06:15 AM
HPP's Charter of Incorporation
VII Powers and Obligation
The corporation ( that means all members) shall be subject to all duties, obligations and restrictions imposed by law upon corporations of this character, and it shall have all the rights, powers, privileges and immunities granted by law to such corporations and as follows: 5. To appoint such subordinate officers and agents as the business of the corporation requires.
HPP Bylaws Article VIII BOD Sec 8 Powers and Authority
Except for the limitations set by the Articles of Incorporation and by these bylaws as to actions to be authorized or approved by the membership and subject to the duties of the directors as prescribed by the bylaws, all corporate powers and affairs of the Association shall be exercised or controlled by or with authority of the board.
(The members are not subordinate to the board.)
State law 414D-112 Voting requirements
(a) Unless this chapter, the articles, or the bylaws require a greater vote or voting by class, if a quorum is present, the affirmative vote of the vote represented and voting (which affirmative votes also constitute a majority of the required quorum) is the acts of the members.
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The members make decisions at membership meetings. The board is an instrument of the association (US) who carry out the acts of the membership, and carry out HPP's business needs FOR the membership. To carry out HPP's business, obviously the board needs to make decisions FOR the membership. Whatever the membership votes for, the board is to heavily consider carrying out for the membership. If it's not illegal, if it aligns w/the bylaws, if we have the budget for it, if a majority at a membership mtg voted for it, then there's NO REASON NOT to carry out the "acts of the membership". Anything that is going to alter the park, our finances etc in a profound way for years, warrants a membership vote, not a 5 rep vote for over 8,800 lot owners. If the membership has questions about THEIR $ since there has been non transparency for over 2 yrs (had no FC oversight for major expenditures) and votes to have a forensic analysis, the board has NO REASON NOT to carry out the acts of the membership. This is what they voted for despite the costs because the membership felt the $ would be well spent. Any board opposition to this has red flags.
VII Powers and Obligation
The corporation ( that means all members) shall be subject to all duties, obligations and restrictions imposed by law upon corporations of this character, and it shall have all the rights, powers, privileges and immunities granted by law to such corporations and as follows: 5. To appoint such subordinate officers and agents as the business of the corporation requires.
HPP Bylaws Article VIII BOD Sec 8 Powers and Authority
Except for the limitations set by the Articles of Incorporation and by these bylaws as to actions to be authorized or approved by the membership and subject to the duties of the directors as prescribed by the bylaws, all corporate powers and affairs of the Association shall be exercised or controlled by or with authority of the board.
(The members are not subordinate to the board.)
State law 414D-112 Voting requirements
(a) Unless this chapter, the articles, or the bylaws require a greater vote or voting by class, if a quorum is present, the affirmative vote of the vote represented and voting (which affirmative votes also constitute a majority of the required quorum) is the acts of the members.
_____________
The members make decisions at membership meetings. The board is an instrument of the association (US) who carry out the acts of the membership, and carry out HPP's business needs FOR the membership. To carry out HPP's business, obviously the board needs to make decisions FOR the membership. Whatever the membership votes for, the board is to heavily consider carrying out for the membership. If it's not illegal, if it aligns w/the bylaws, if we have the budget for it, if a majority at a membership mtg voted for it, then there's NO REASON NOT to carry out the "acts of the membership". Anything that is going to alter the park, our finances etc in a profound way for years, warrants a membership vote, not a 5 rep vote for over 8,800 lot owners. If the membership has questions about THEIR $ since there has been non transparency for over 2 yrs (had no FC oversight for major expenditures) and votes to have a forensic analysis, the board has NO REASON NOT to carry out the acts of the membership. This is what they voted for despite the costs because the membership felt the $ would be well spent. Any board opposition to this has red flags.