Bylaws regarding Board Members > HOA Forum

Home

HOA Discussions

HOATalk.com Preview

Service Directory

Member Login

Help

Wednesday, January 07, 2009

Our Sponsors:
(Advertising Information:
HOATalk is viewed over 100,000 times/month!)

Banking Solutions for Community Associations (NCB) (National Bank)

Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…

HOA Websites by Community123.com (National Community Website Provider)

We built HOATalk and we'll build your community website for free! Click here for information on a free trial website.

IHG Insurance (National Insurance Provider)

Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.

Community Associations Network (National HOA Reference Library)

News, articles and blogs about condos/HOA's

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Bylaws regarding Board Members

Prev Next

You are not authorized to post a reply.

Author

Messages

AndreaW
(North Carolina)

Posts:57

05/23/2006 7:18 AM
How does a homeowner go about requesting a motion to be put forth to amend by-laws that concern the term of office of a board member? Our by laws currently read that a Board of Directors seat can be voted in an unlimited amount of terms. Is there a proper way to propose term limitations? We have an annual meeting in july date has not yet been made public, but notification has already been made that anyone wishing to be added to the agenda must advise the Management Co by no later than 5/31/06? Can they even impose a date for submissions to the agenda without advising when the actual meeting will take place?

RogerB
(Colorado)

Posts:3724

05/23/2006 9:29 AM
Andrea, the way to create term limits is by amending the By-laws. The By-laws tell you how they can be amended. Normally what is required is to advise the owners in the notice of the upcoming members meeting that a proposed amendment to the By-laws will be presented for a vote. The gist of the amendment should be included in the notice. You can not just asked to be placed on the agenda to speak and when you speak make a motion to approve the amendment. You can request the the opportunity to present this proposed amendment at a duly called meeting. However, I doubt this amendment can ever pass as long as the Developer wants to be in control. The Board can establish a time limit for owners to submit requests for agenda items; and a deadline of 5/31 could be reasonable when the meeting is in July.

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

SwanB
(Washington)

Posts:194

05/24/2006 6:02 AM
I have also found it extremely helpful to anyone reviewing a bylaw amendment to have the existing bylaw next to the proposed bylaw amendment. When I create this document I then either strike out the words being eliminated in the proposed amendment or use bold type or italicized type for the new wording in the proposed document. I also include the rationale at the bottom and the date of the submission. This allows your membership to have the ability to read what is and what is being proposed right in hand at the same time with the rationale. Good luck.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Bylaws regarding Board Members

General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)