Governance Concern
Meeting Availability, Accessibility and Member Participation
Overview
Concerns have been raised by multiple members regarding whether the current annual meeting structure provides meaningful accessibility and participation opportunities for the full membership.
The annual meeting is currently scheduled for Saturday at 11:00 AM at the association park area.
Multiple members have expressed frustration that the selected time may prevent working members from attending and participating in important association business. For many families, Saturday mornings involve work schedules, travel obligations, childcare responsibilities, or other commitments that may limit attendance.
Membership records also indicate that more than half of the association membership appears to reside outside the immediate Omer and Sterling area, raising additional questions regarding whether the current meeting schedule and location reasonably accommodate the broader membership.
Many of the members who do reside within the subdivision are also senior citizens, raising additional concerns regarding accessibility, seating, parking, audibility, and the overall suitability of the outdoor meeting environment.
Questions have been raised regarding whether the current meeting structure unintentionally favors a smaller group of regularly attending participants while limiting broader membership involvement.
Meeting Location Concerns
Additional concerns have also been raised regarding the suitability of the current meeting location itself.
The association park area currently has:
- Approximately three picnic tables for seating
- No electrical power available on-site
- Limited parking availability
- No formal meeting infrastructure
- Outdoor meeting conditions
- Limited capacity for audio equipment, recording equipment, or presentations
If even a moderate percentage of the membership attended the annual meeting, the location would likely be unable to comfortably accommodate the number of participants present.
Members have also expressed concerns that the current environment may make it difficult for attendees to hear discussions, observe voting procedures, or fully participate in governance discussions.
Questions have also been raised regarding whether the outdoor meeting environment reasonably accommodates elderly or mobility-impaired members.
Accessibility and Participation Concerns
Questions have also been raised regarding whether the current meeting structure reasonably accommodates the broader membership.
Concerns include:
- Whether many members, including working members, have a realistic opportunity to attend and participate in important association business under the current meeting schedule and location arrangements
- Whether the current location can support larger member turnout
- Whether elderly or mobility-impaired members can comfortably participate
- Whether the meeting environment supports transparent and orderly governance proceedings
- Whether all members receive equal access to participation opportunities
- Whether the meeting structure reasonably accommodates members who do not reside full-time within the subdivision
Additional concerns have been raised because proxy voting is not permitted under the current governing structure.
As a result, members who are unable to physically attend the meeting may have no practical ability to participate in voting on important association matters.
Questions have also been raised regarding whether many members have a realistic opportunity to attend due to the combination of:
- A Saturday 11:00 AM meeting time
- A limited-capacity outdoor meeting location
- No proxy voting option
- Limited parking and accessibility accommodations
- The travel requirements faced by many non-resident property owners
Several members have expressed that a Sunday afternoon meeting time, such as 3:00 PM, may provide significantly greater accessibility and participation opportunities for the broader membership than the current Saturday morning schedule.
A later afternoon meeting may also better accommodate:
- Working members
- Families with weekend obligations
- Seasonal or out-of-town property owners
- Members traveling from outside the immediate area
- Members requiring additional accessibility accommodations
Michigan Law and Membership Participation
Under the Michigan Nonprofit Corporation Act, the default statutory structure for certain major corporate actions generally contemplates broader member participation and representation mechanisms, including proxy voting and supermajority voting requirements, unless modified by governing documents.
Michigan law also generally provides that certain major actions may require approval by two-thirds (2/3) of the votes cast by members entitled to vote unless a different voting structure is lawfully established through the governing documents.
The purpose of these supermajority requirements is to help ensure that major actions affecting the rights of members or property owners receive broader membership support and cannot easily be controlled by only a very small percentage of the membership.
Based on available sign-in sheets, annual meeting attendance in recent years appears to involve only approximately 13 to 17 households out of approximately 162 total members.
Questions have therefore been raised regarding whether the current governance structure provides meaningful participation opportunities for the broader membership.
Some members have also expressed concerns that governance procedures which limit participation opportunities — including the absence of proxy voting and the practical limitations of the current meeting structure — may prevent a substantial portion of the membership from meaningfully participating in important association decisions.
When major association decisions are made with limited participation, disputed authority, or incomplete records, the risk of future legal challenges regarding governance procedures and amendment validity may increase.
Why This Matters
Association governance depends on meaningful member participation.
When meeting availability, accessibility, or capacity limitations reduce participation, concerns may arise regarding:
- Transparency
- Representation of the broader membership
- Confidence in governance decisions
- Member awareness of important issues
- The practical ability of members to participate in association affairs
As member interest and participation increase, questions may continue to arise regarding whether the current meeting structure and location are adequate for conducting important association business involving elections, governance discussions, voting procedures, and major decisions affecting the community.
Transparency Concerns
Because of the limitations of the current meeting environment, some members have independently explored recording or livestreaming portions of the meeting for informational and transparency purposes outside of any official board-sponsored process.
The lack of electrical power, limited infrastructure, and limited seating capacity may make those efforts more difficult while also limiting the practical ability of members to observe and participate in governance proceedings.
For many members, the annual meeting may be the only opportunity each year to directly participate in association governance, ask questions, hear reports, observe voting procedures, and better understand how important decisions affecting the association are made.
Next Steps
Records and information relating to meeting procedures, member participation, governance processes, and voting documentation continue to be reviewed as part of ongoing transparency efforts.
Members are encouraged to:
- Review available governing documents
- Stay informed regarding upcoming meetings
- Participate in association discussions when possible
- Preserve meeting notices and governance communications
- Request clarification regarding governance procedures when needed
- Evaluate whether modern HOA communication and participation tools should be implemented to improve transparency, accessibility, and broader member participation
Additional information and documentation may be added to this page as it becomes available.