At the annual meeting held on Saturday, October 10, 2020, a Motion was made by Joseph Cuffari and seconded by Charles Dovan to remove Board Members Michael Kath, James O'Connor, Alan Ingrassia and Tatiana Mikhailenko.
This type of Motion is authorized under the Planned Community Act. 68 Pa.C.S.A. §5303(f) states "Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a 2/3rds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the Executive Board with or without cause, other than a member appointed by the declarant." The Board had not been notified in advance that this motion was to be made. If the Board had been notified, we could have devised a method by which to tally votes. In the absence of notice, it was decided that the persons who favored removal would sign one piece of paper indicating yes to remove and persons who did not want to remove would sign another piece of paper entitled no not to remove.
At the inception of the meeting a Quorum was declared with 54 persons present and 46 present by proxy. During the course of the meeting some members may have left and others may have arrived. In any case, attached is the vote.
The final vote was:
To remove 33
Not to remove (persons present) 24
Not to remove (by proxy) 46
Total NOT to remove 70
Although some persons in attendance declared that the proxies were illegal, the proxies were not necessary to determine the outcome of this motion. Pursuant to the statute, a 2/3rds vote is required. The Motion did not obtain the 2/3rds necessary to approve the Motion.
Therefore the Motion failed.
Mt. Pocahontas Property Owners Association