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In an effort to get homeowners to attend an annual meeting, a Long Neck condominium association has threatened to fine homeowners $100 if they don’t attend or at least return a proxy.
Bayshore Condominium Association President Tom Durkin said in order to conduct business, at least half of the 147 condominium association members must attend the annual board meeting, Saturday, Aug. 23.
The July 29 letter states, “Please be aware that the board passed an official resolution. If you are unable to attend the meeting and do not return your proxy/ballot, you will be assessed a fine of $100.”
Some residents complained the tactics are too harsh. Others have said the missive and any attempts to collect fines are illegal.
Widener University law professor John Nivala said some homeowner covenants restrict external condominium displays such as flags or political signs, which have been upheld in court. But he said it would be difficult to set a precedent for an association to require members to vote.
“I agree to reasonable community restrictions, but for them to say you must participate in this process, I’m going to say no. In a sense, not returning your ballot is a vote. I have to admit I’ve never heard anything like this,” said Nivala.
Frustrations arise
The problem began last year, said Durkin, when association members failed to show up at the board’s annual meeting, almost canceling the meeting for lack of a quorum.
Durkin said he and other board members walked around the community for hours knocking on doors to entice homeowners to attend. Durkin said the board has the right to fine homeowners.
“The board decided this year we would up the ante and get the proxies. We have the right to make a rule to send in their proxy to run a meeting and obtain an official right to hold our meeting. You can’t run a meeting without a quorum,” Durkin said. “I know some people resent it, and I’m sorry. What we’re trying to do is to get people to attend the meeting,” said Durkin. “You can vote or not vote. The proxy is a voucher of attendance,” said Durkin.
Board adopts fine
Two weeks ago, Durkin said, the five-member condominium homeowners’ association board unanimously passed a resolution requiring homeowner attendance at the meeting – in person or by proxy - or face the $100 fines on those who did not appear.
In addition to electing board members, the association is expected to address lawn-care contracts and insurance plans. Homeowners also must elect three new board members, said Durkin.
The letter was sent to homeowners on a letterhead from CPR Property Management LLC, which manages the 144 town homes and 60 single-family homes on Long Neck Road just off Route 24.
Ginny Heier of CPR Property Management manages the Bayshore Community and typed the letter. “It was approved by the board. What people are failing to understand is that when they signed their covenants for the community, it states they are required to attend the annual meeting or vote by proxy.”
Durkin had mixed feelings about the letter, but said he’s frustrated with low attendance at meetings.
“We’re trying our best. It would be up to the board to actually fine these people. Will a fine go through? It would be on a case-by-case basis,” said Durkin.
Rep. Greg Hasting, R-Millsboro, said the association may encounter a legal battle should it try to collect any fines. “For a homeowners’ association to say it is mandatory to meet and to fine homeowners $100, I find that extraordinarily dictatorial. I would even question the legality of that,” he said.
Nivala agrees.
“Can you image the firestorm if the state passed a law saying, ‘If you don’t vote, we’re going to fine you? I’m astonished, quite frankly, by it,” said Nivala.
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