Under the Declaration of Trust and M.G.L. c. 183A, official administrative duties—like setting up, scheduling, and sending the formal notice for the Annual Meeting—belong exclusively to the Board of Trustees.
However, individual unit owners have specific legal mechanisms to force the meeting if the Board refuses or fails to act.
If the Board is inactive, non-responsive, or trying to avoid holding the October meeting, individual owners can organize a collective effort:
- Gather 33% Beneficial Interest: Under Section 7.8.B, if a group of unit owners representing at least 33% of the total undivided beneficial interest signs a formal written demand, they force the Board's hand.
- Self-Issuing Notice (The Fallback): If the Board ignores that 33% written demand and fails to send out the notice, that coalition of 33%+ unit owners gains the legal authority to issue the formal Notice of Meeting themselves.
As long as that 33% coalition delivers written notice stating the date, time, venue, and election agenda to every unit owner at least 7 days in advance (pursuant to Section 7.9), the meeting becomes legally convened. Any votes passed at that meeting by 51% of the beneficial interest will be fully binding and enforceable.
In plain English: we need 22 owners to sign this petition to ensure the October meeting happens.
It is important that our Trust be managed in accordance with our bylaws and all pertinent laws of the Commonwealth of Massachusetts. It is the responsibility of the Owners to ensure that the Trustees always manage our Trust in full compliance. This petition is a positive step in that direction. All Owners are encouraged to sign this petition in order to protect their property as members of the Point of Pines Condominium Trust.