I need to look that one up -- A Willoughby Station Dicussion Forum With Standards

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05/16/26 13:47:31

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Subject: I need to look that one up

Author:
Lori

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Date Posted: Wed, Sep 09 2009, 21:57:52
In reply to: Butch Huber 's message, "Dillon's Rule." on Wed, Sep 09 2009, 18:15:02

Hi Butch,

Obviously, I am not a lawyer either, but I do have to keep up on Corporate Law for work. As I understand it, the HOA is like any other Corporation and the Board of Directors acts just like any other Corporation. Members are the equivalent of shareholders.

I read through our bylaws and the only paragraph that pertains to what they can and cannot do seems to be Article 5: Directors. 5.01. Management. "The business and affairs of the corporation shall be managed by its Board of Directors who may exercise all such powers of the corporation and do all such lawful acts and things as are not by statute, the Declaration, the Charter, or these Bylaws, directed or required to be exercised or done by the Members."

Which seems like a whole lot of double-talk but I believe translates into: They can do anything that we as members are not required to do and the only thing we as members vote for are the Directors themselves.

Page (9) Article IV 4.3 Method of Voting is the only mention of voting, but I see no requirement on what to vote on. We could amend those by getting more than 50% of the members to vote for such an amendment.

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Replies:

Subject	Author	Date
Time for action	Butch Huber	Wed, Sep 09 2009, 23:26:27
Can't wait to meet Butch Huber -- Mike Schmitt, Sat, Sep 12 2009, 14:30:22 I don't think they realize the gravity of the situation -- Butch Huber, Sat, Sep 12 2009, 16:01:37 ... So there is the bait.. anyone gonna bite? -- Brian Snyder, Sat, Sep 12 2009, 22:45:41 huh? -- i'm kinda hungry, Sat, Sep 12 2009, 22:54:04 Bait? What are you talking about? -- Butch Huber, Sat, Sep 12 2009, 23:13:14 Post Below -- Lori, Sun, Sep 13 2009, 0:18:20