August 18 By-Laws Discussion

The next board meeting is August 18 at 8am (See Agenda), and the Board will be discussing changes to the By-Laws. They have posted the new By-Laws on the Suissevale website and said at the annual board meeting that they will post the actual changes, so members will be able to see better what is changing.

This is a massive job to go through the By-Laws and up date them. Good for the Board for undertaking this review.

I have had a chance to look at the By-Laws as posted last week, and I had some immediate RED FLAGS. For example, Section 2 – Special Meetings has been changed to require a written petition signed by 50 or more members to call a members meeting. This was not required before, and would make it very hard to call a members meeting, especially given that many members are not living in Suissevale.

Another example, in Article IX – Indemnity A director or employee will be indemnified by the Corporation EXCEPT in the case of gross negligence. GROSS has been added to the sentence apparently to make it harder for the Corporation to not indemnify the director.

I am sure there are many more issues, which I am not trained to see.

I am not a lawyer, but, after reviewing this at first glance, I think we need a New Hampshire lawyer familiar with Condominium/HOA law to review these By-Laws. My understanding is the Board does not have a New Hampshire lawyer on the By-Laws committee, so this would be important.

My proposal is to create a committee among LoveSuissevale members, who would hire a New Hampshire HOA lawyer to review the By-Laws. The results of the review would be presented to the Board.

I need to hear from LoveSuissevale members on whether you think it is a good idea to create the committee of Suissevale members and obtain the legal input.

Please go to the LoveSuissevale Group on Facebook to discuss or reply privately to me by email: johnhawkins@lovesuissevale.com.