2023 Annual Meeting Conclusion

November 17th Community Meeting Update

 

On November 8th, 2023 the Persimmon Hill First Homes Association’s board of directors voted to retain Rod Hoffman of Martin, Pringle, Attorneys At Law, to review a homeowner’s objections to our November 7th, 2023 community meeting.  The board also asked for clarification in other areas of the subdivision’s governing documents.

 

On November 13th, 2023 Mr. Hoffman responded to our questions:

 

“You asked if you could meet virtually rather than in person.  The answer is yes.  All homes associations are formed as corporations under Kansas law. Section 17-6501 (2) allows the Board of Directors of corporations to establish procedures for meetings by remote communications.  These meetings require reasonable measures to verify that each person present and permitted to vote is a member.  The statute allows ballots to be submitted, either by actual paper or by electronic transmission.

 

You asked if ballots must be signed by homeowners.  The only requirement for ballots is verification that one ballot is submitted per household.  An easy way to accomplish this is through signed ballots.  Of course, if the ballot counters are satisfied that ballots are not duplicated or forged, ballots don’t need to be signed.  I believe home associations should have confidential ballots.  It is important to retain ballots for one year.

 

You asked if the vote to increase annual dues was proper because the vote was not included in the meeting agenda contained in the meeting notice.  Please review Kansas law beginning at chapter 58-4601 which governs homes associations.  I encourage you to become familiar with it.  This law explains how associations conduct members meetings and directors meetings.  All notices of meetings should include an agenda.  Technically, the notice of the November 7 meeting sent to your homeowners did not include the vote as an agenda item.  However, I believe that requirement was satisfied, the ballot was included with the meeting notice.  The notice included instructions for returning the ballot by the conclusion of the meeting.  Based on participation by homeowners, it doesn’t appear they were confused or not notified of this vote.”

 

The majority vote was satisfied per Article 6 of the Declaration:

“The amount of the annual assessments for any year may be increased above the sum of $100.00 and $80.00 for each improved lot or living unit and $25.00 for each unimproved lot provided that such increases are approved by a majority vote of the members of the Association at a meeting duly called in the manner provided.”

 

Therefore on November 15th, the board of directors fixed the annual assessment due January 1st, 2024 at $400.00.

 

Notices will be mailed to each homeowner on or before December 1st, 2023.

​

​