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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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DarcyC
(Florida)
Posts:22
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| 06/03/2006 1:58 PM |
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| Our by-laws state that when a quorum is present at any meeting, the holders of a majority of the voting interests present in person or represented by written proxy shall decide any question brought before the meeting, except as otherwise provided by the Declaration, the Articles of Incorporation, or these by-laws. We have 37 total lots or voting interests, 30% is required for a quorum in person or by proxy which I believe is 11. So would a majority in this case be around 6. This is in Florida and the by-laws are pretty vague. If 6 homeowners can decide for the 37 maybe we should change our By-laws. Or is it possible the word Total was omitted from voting interests and in should read Total voting interests making the majority 19 instead of 6. Thanks for any info Darcy C |
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RogerB
(Colorado)
Posts:3726
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| 06/03/2006 2:11 PM |
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Darcy, your By-laws are fairly typical and the word "Total" was not omitted.
37 lots x 30% = 9.1, so a total of 10 lots need to be present in person or proxy. So a majority (over 50%) could be as few as 6.
Just for the sake of argument lets assume 1 owner comes and has 5 proxies, and there are a total of 10 or 11 making up the quorum. That person with 5 proxies is a majority and thus can control all votes. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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BrianB
(California)
Posts:1748
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| 06/04/2006 5:10 PM |
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Note that even less actually needs to vote in the affirmative: Say that 10 votes are present to be cast (arizona does not allow proxies anymore). Let us assume the vote on the floor is "SHall the association impose a fine of $100, $150, or $200 on negligent homeowners?"...
If the votes are split, as few as four votes can win a majority. If someone abstains from voting, then three votes can win.
Sad, isn't it, that three people, plugged into the right place, can determine the fate of 40.
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RogerB
(Colorado)
Posts:3726
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| 06/04/2006 8:31 PM |
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Brian, I believe your example is of a plurality not a majority. I believe a majority requires a positive vote for over half of those voting.
Question: If there are 10 voting, 5 approve, 3 disapprove, and 2 abstain does anyone think the motion was approved? |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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WilliamT
(Arizona)
Posts:489
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| 06/05/2006 7:36 AM |
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Posted By RogerB on 06/04/2006 8:31 PM
Brian, I believe your example is of a plurality not a majority. I believe a majority requires a positive vote for over half of those voting.
Question: If there are 10 voting, 5 approve, 3 disapprove, and 2 abstain does anyone think the motion was approved?
Roger,
In your example, I believe the abstentions are to be treated as "not voting", so there are only 8 voting, 5 approve and 3 disapprove, therefore 5 is a majority and the motion would be approved.
I am getting this from RONR page 389 beginning line 31.
"Assume, for axample, that at a meeting of a society with a total membership of 150 and a quorum of 10, there are 30 members present, of whom 25 participate in a given counted vote... (my remark: 30 present -- 25 present and voting.) ...Then, with respect to that vote:
A majority is 13
A majority of the members present is 16..."
For Brian, a plurarity vote is discussed on RONR page 391 beginning line 35, and a good method of handling the plurarity vote for 3 fine options is discussed on page 411 beginning line 30.
Bill
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RogerB
(Colorado)
Posts:3726
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| 06/05/2006 8:59 AM |
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| William, thanks for correcting my example. I concur that abstentions are to be treated as not voting. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BrianB
(California)
Posts:1748
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| 06/05/2006 2:27 PM |
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You are correct, I use majority in the same sense it is used/applied in local and national elections, ie, the majority voted for Mr. Bush for President....
You are correct, we should all say "The plurality voted for Mr. Bush for president". And I also agree, abstainers don't count, just like they don't count in larger elections.
It is the most votes of those who cast votes that determines an issue... whether by true majority (50.1% or higher) or plurality (the most votes wins).
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