obligations of comm ass'n, affirmative
For obligations that must be fulfilled each year, see also Index, annual obligations of associations.
An incorporated community association is required to take certain actions (without necessarily a trigger such as a request by a homeowner). These affirmative obligations include:
- Annual Meeting. The Nonprofit Act requires incorporated associations to have a meeting of the members at least annually (unless the bylaws eliminate the requirement). See § 16-6a-701.
- Notice of Annual Meeting. The association must give notice of the meeting to each member entitled to vote at the meeting, in a manner consistent with its bylaws and that is fair and reasonable. The notice should include a description of any matter or matters that must be approved by the members or for which the members' approval is sought. The notice must include any matters a member intends to raise at the meeting if: (a) requested in writing to do so by a person entitled to call a special meeting;fn1 and (b) the request is received by the secretary or president at least 10 days before the association gives notice of the meeting. See § 16-6a-704.
- Member List. In connection with any member meeting and any action by members by written ballot without a meeting, an association must prepare an alphabetical list of the names (including addresses and number of votes) of its members who are entitled to vote at the meeting or to take the action by written ballot, unless the bylaws provide otherwise. The list must be available to members in accordance with § 16-6a-710. For more information about the requirements, see Index, membership list.
- HOA Registry. An association is required to
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Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)