Did everyone notice that our HOA Board is picking and choosing which items it wants us all to vote on?

The last communication from our Management company told us about 2 items that would come up at the annual meeting – election of a new Board member and voting on an amendment to bylaws.

So why was there a way to vote on only one of those items? There was an absentee ballot that allowed us to vote in the Board election. Of course, it had only the name of the Board-approved candidate for the election.

But there was no ballot to vote for the proposed bylaw amendment. In fact, there was no real information about the amendment – what the purpose is, how it changes eligibility to sit on the Board, why it is needed now, or even exactly what the language of the proposed amendment is.

Apparently, the Board does not want everyone voting on the amendment and would prefer to restrict the vote to only the few members who are able to attend the meeting.

Some legal opinions have questioned whether the Board is allowed to pick and choose which items it includes in the absentee ballot. State statutes seem to require that if an absentee ballot is used it must contain ALL items that will come before members at the annual meeting.

The legalities aside, however, more concerning are the motives and reasons for picking and choosing what we get to vote on without attending the meeting. Why is there so much secrecy around this Bylaw amendment?