Post date: Jun 11, 2016 8:14:8 PM
Brook Haven Homeowners:
Due to serious questions raised regarding multiple aspects of the way our June 8th Special Election meeting was conducted, we have consulted with the associations legal representatives (Whiteford, Taylor & Preston, LLP). They have identified the same issue that was raised by Ms. LaRue during the meeting as problematic:
Our bylaws (ARTICLE III Meetings of Members Section 3. Notice of Meetings) state that “Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days (but not more than sixty(60) days) before such meeting to each Member entitled to vote.”
The announcement of the June 8 meeting was not mailed; it was placed in each household’s mailbox. Since the Brook Haven Special Election notice was not sent in compliance with the bylaws, this makes the Brook Haven Special Election meeting void and any action taken at that meeting a nullity. In effect, the meeting never happened.
Other questions regarding the absence of proper notification by a candidate to the Board or Management agent of the intent to participate in the election, the lack of a candidate nomination form, and the viability of submitted proxies are moot, as there was no meeting.
Additionally, our bylaws (Article III Section 1) dictate that annual meetings must occur in the same month as the original Community Association meeting in 2006. This requirement has been ignored for years, but leaves us exposed to legal action should a member of the community take exception with the actions of the Board occurring at an annual meeting that is not scheduled in compliance with our rules. In order to address these issues and avoid disruption in the future, the Board will commence working towards amending our bylaws to refine these rules.
The current Board of Directors will engage with our management company to develop an announcement package that will be mailed to our community members in preparation for another meeting anticipated to occur in early July. Completed candidate forms (available in the www.Brook-Haven.org Resource Center) provided to First Services Residential (Fax: 703-591-5785 Email: meetingprep.dcmetro@fsresidential.com) or submitted by email to directors@brook-haven.org by Friday June 17 2016 will be included in the announcement package and represented by name on the proxy for this meeting.
Regards:
David R. Amos
President, Brook Haven Homeowners Association Board of Directors