General Discussions/Comments

Also sent via email Hi,

The annual elections for the board must occur at the annual member meeting, not a regular board meeting. This meeting must be held in February per our agreement and members shall cast their vote for up to 5 board seats. Notice of the meeting must not occur more than 50 days in advance. According to the non-profit corporation act a list of all members eligible to cast a ballot must also be prepared and made available to all members who attend the annual meeting. The meeting must be at a physical location in Arizona. A "zoom only" annual member meeting is prohibited. Members have a right to vote in person if they choose to do so. You may add a zoom capability to the physical meeting like we had last year to allow more participation. Please stop trying to violate member rights. It hurts our association and wastes unnecessary money on legal fees.

ARS 10-3720. Members’ list for meeting https://www.azleg.gov/ars/10/03720.htm

A. After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all of its members who are entitled to notice of the meeting. The list shall show the address and number of votes each member is entitled to vote at the meeting. The corporation shall prepare on a current basis through the time of the membership meeting another list of members, if any, who are entitled to vote at the meeting, but not entitled to notice of the meeting and the corporation shall prepare that list on the same basis and make it a part of the list of members.

B. For the purpose of communication with other members concerning the meeting the corporation shall make the list of members available for inspection by any member at the corporation's principal office or at another place identified in the meeting notice in the city where the meeting will be held. On written demand a member, a member's agent or a member's attorney may inspect and, subject to the limitations of section 10-11602, subsection C, and section 10-11605, may copy the list, during regular business hours and at the member's expense, during the period it is available for inspection.

C. The corporation shall make the list of members available at the meeting, and any member, a member's agent or a member's attorney may inspect the list at any time during the meeting or during any adjournment.

The voting must conform to our bylaws. Every member receives 1 vote per member acre multiplied by the number of board of directors running. Article VI section 4. Members may cumulate their votes and give one or more candidates however many votes they wish. You must not divide them evenly as you have stated on the ballot.

Please also be advised you must ensure members have proper notice of the meeting in advance. This notice is too early for our annual member meeting. It is to be no more than 50 days in advance. 

ARS 33-1804

https://www.azleg.gov/ars/33/01804.htm

A meeting of the members' association shall be held at least once each year. Special meetings of the members' association may be called by the president, by a majority of the board of directors or by members having at least twenty-five percent, or any lower percentage specified in the bylaws, of the votes in the association.  Not fewer than ten nor more than fifty days in advance of any meeting of the members the secretary shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address for each lot, parcel or unit owner or to any other mailing address designated in writing by a member.  The notice shall state the date, time and place of the meeting.

Please be advised per our settlement agreement to withdraw complaint 24F-H053 signed by the president Covenants 2. Settlement Part D the annual meeting is to be held in February not January and all 5 positions for the board will be up for election. The ballot incorrectly states the meeting will be in January and to vote for 4.

Please consult your attorney how and when to provide notice, how to count the ballots, and what other things you must do to satisfy our bylaws and state law and our settlement agreement if you are unsure.

Also please be advised the email at the bottom of page 1 and page 2 of the mailing dated November 23, 2024 is not correct. It's missing the az prefix and only reads theboard@ccrpoa.com