FAQ

The annual homeowners meeting is the one and only meeting per year that all homeowners are invited to. The meeting is planned for the 3rd Wednesday of May each year, but due to scheduling difficulties, it can possibly be on a different date. The HOA tries it's best to keep it consistently on the 3rd Wednesday of May though. The meeting must be at 7:00 PM according to our governing documents.

Article III Section 1 says "The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 o'clock, P.M. If the day fro the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday."

Our governing documents require 15 days written notice to all home members (1 per home) of our annual homeowners meeting.

Article III Section 3 says "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 before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of the notice. Such notice shall specify the place, time, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting."

The annual homeowners meeting is held in a location that is convenient to homeowners and open to the public. In the past, we have used the Sycamore Room at the Brunswick Library, but due to the library open hours and other clubs competing for that location, we find the room to be unavailable for our scheduled date and time. Another location we consider is North Park, located at 3595 Grafton Rd, Brunswick, OH 44212.

There must be 20% of all homes present or proxied in order to conduct the meeting. Our development has 214 homes, so that means we need to have 43 homes present or proxied for the meeting to be conducted.

Acticle III Section 4 says "The presence at the meeting of Members entitled to case, or of proxies entitled to cast, twenty percent (20%) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such a quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented."

A proxied home is slang referring to a Benjamin Farm home that is in attendance and following the vote of another Benjamin Farm home. A proxy can have a fellow neighbor or the HOA board vote on their behalf. If a home is not able to attend an annual homeowners meeting, it is considerate to have another home or the HOA board represent them, due to the quorum requirement in order to have the meeting. If we don't have enough homeowners in attendance or proxied, we cannot have the annual meeting.

Acticle III Section 5 says "At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his, her or its Lot."

Someone can get on the HOA board of trustees by election or appointment.

Elections are performed every year during the annual homeowners meeting. If the meeting is not officially conducted because we don't have a quorum of homeowners in attendance, either in-person or by proxy, then the elections do not take place, and the expiring terms are extended until the next homeowners meeting is conducted.

Article V Section 2 says "Election to the Board of Trustees shall be by secret written ballot. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted."

Appointments can be performed by the board when an HOA board member resigns with written notice.

Article VIII Section 5 says "Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time given written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any time later specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective."

Article VIII Section 6 says "A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the office he or she replaces."

Homeowners don't vote for the board positions because our governing documents tell us the HOA board trustees are to determine which trustees have the officer positions.

Article VIII Section 2 says "The election of officers shall take place at the first meeting of the Board of Trustees following each annual meeting."

There are two types of meetings -- 1) HOA trustee meetings and 2) HOA homeowner meetings.

The HOA trustee meetings are bi-monthly. This is the meeting that ONLY the trustees attend. They are not open to homeowners.

Article VI Section 1 says "Regular meetings of the Board of Trustees shall be held bi-monthly without notice, at such place and hour as may be fixed from time to time by resolutions of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday."

The HOA homeowners meeting is annually in May on the 3rd Wednesday of the month at 7:00 PM. This meeting is open to homeowners.

Article III Section 1 says "The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 7:00 o'clock, P.M. If the day fro the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday."

A financial report detailing our current balances and spending are available at our annual homeowner meeting in May. We are working on getting this available to all homeowners in the HOA portal.

Financial reports are provided to homeowners once per year at the annual homeowners meeting in May. We are working on getting this available to all homeowners in the HOA portal.

Article X says "The books, records and papers of the Association shall, at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost."

Since the HOA doesn't have business hours nor a principal office, this effort must be coordinated. We are working on getting this available to all homeowners in the HOA portal.

A commercial truck is 1) a truck or van with commercial signage, used for that business;  2) a vehicle with "Truck", "Livery", or "Commercial" license plates; or 3) a vehicle with commercial implements attached that suggests the primary use is for a business (i.e. ladders, ladder racks, pvc pipes, etc.)

Allowing electronic voting in a homeowners association (HOA) can provide several benefits, especially when it becomes challenging to gather enough members for an annual meeting. Here are a few reasons why homeowners in an HOA might consider implementing electronic voting:

1. Increased Participation: Electronic voting enables homeowners to cast their votes conveniently from their homes or any location with internet access. This accessibility can encourage greater participation, as it eliminates the need for physical attendance at meetings, which can be challenging for busy homeowners.

2. Time and Cost Savings: By opting for electronic voting, homeowners can save time and money associated with organizing and attending in-person meetings. It eliminates the need to find a suitable meeting venue, arrange logistics, and spend time commuting. Homeowners can vote at their convenience within a specified timeframe, reducing the overall effort required.

3. Broader Representation: Electronic voting allows homeowners who might be unable to attend physical meetings, due to work commitments, travel, or health issues, to have their voices heard. It promotes inclusivity by providing an opportunity for a wider range of members to participate in the decision-making process.

4. Quorum Requirements: One of the challenges faced by many HOAs is meeting the minimum quorum requirements to conduct official business. By implementing electronic voting, the HOA can potentially increase the likelihood of achieving quorum, as it becomes easier for members to cast their votes remotely.

5. Enhanced Transparency: Electronic voting systems can offer increased transparency in the voting process. Homeowners can receive automated confirmations of their votes, and the results can be easily tallied and shared with all members, ensuring a fair and open election process.

6. Efficient Decision-Making: With electronic voting, the process of collecting and counting votes becomes streamlined and efficient. The results can be tabulated quickly, reducing delays and enabling the HOA to make timely decisions and take necessary actions.

However, it is essential to consider the specific needs and circumstances of the HOA when deciding to implement electronic voting. Factors such as the availability of reliable technology infrastructure, data security measures, and legal requirements should be carefully evaluated to ensure a smooth and successful transition to electronic voting.

Email your question to president@benjaminfarmhoa.org. We will respond to your question, and if appropriate, post the answer on this FAQ page for fellow neighbors as well.