Obtaining 2/3 majority w/ few votes?

We delivered a ballot and a letter to all members on July 27th. It only had two questions (1-revise the covenants per the letter and 2-revise the bylaws per the letter). The ballot was to be returned to a board member's mailbox or brought to the annual homeowner's meeting on Sept 16th. Numerous emails and signs were posted in regards to the meeting and the ballots. By the time the meeting occurred, we had very few ballots so we began going door to door to request ballots. This resulted in a few more but not many. We then sent out a an email with the ballot attached. Again, just a few trickled in.

We are now 2 1/2 months later, and we have received 38 ballots out of 69 homeowners. Out of the responses, we received 74% yes to revising the covenants and 97% yes to revising the bylaws.

We obviously do not have 2/3 of the members (homeowners) voting yes since only 55% of them voted at all. Our bylaws state that we need 2/3 to revise.

I now know why all of our HOA board recently resigned. Nothing can ever get accomplished in this neighborhood as people are too lazy to participate.

What should we do? I know it is probably not legal to assume that no vote equals a yes, but to me, if you are opposed to something, you should voice your concern and vote. If you do not vote, you should have no say so in the matter.

I know that apathy runs rampant. But I often wonder what the HOA is doing to encourage involvement.

Last night was National Night Out for Texas. We had our first block party for the HOA and had a pretty good turnout. AS it happens, it was better then the first four the mayor had been to.

The thing is that if you don't involve people until you need a vote, you will have a hard time getting the vote. All the same, you probably have people like we do who ignore any mail from the HOA. To get the 2/3 vote needed you will have to spend a considerable amount of time ringing door bells. But try to get others to help bring the change.

Cute, Susan. But, I think either approach would only work once.

Very good ideas!!! I actually like the one on pretending to increase dues but I know that would get people so mad. I wish our bylaws said from the "voting members" not members. Good idea to change that... if we can ever change anything. Just think about the presidential election. Only about 50% of the US votes but we still elect a president, ya know?? Can you imagine McCain/Obama reading all of the doorbells in the US???

What a fun situation to be in. We do try to unite the neighborhood with activities and events. We have a Halloween one coming up on that day but I can bet money the ones that attend are those that already voted.

The fun part is three of us have already gone door to door. I seriously DO have a life outside of this HOA mess. What a waste of my time.

I'm going to suggest we say we are raising dues at a meeting to see if we get attendance. But, I don't think my other board members will agree to that.

All you'd have to do is put the PROPOSAL on the agenda for the increase.

Then when it comes up on the agenda, someone request that the proposal be removed from consideration.

That's the plan. I actually have one board member agreeing to do this!! We'll see what the others say.

Well, the newly elected president says he will again go door to door to those that didn't vote. Should be interesting.

And I was looking forward to our deceptive meeting. Well, not really as I don't necessarily wanna make enemies of my neighbors.

Yes, that was what was done. Our dues are $200 a year. And they gave three one year assessment credits. One was drawn from people who sent in proxies and two from people who were present.

I don't think we will be doing that again. I do think we may offer some door prizes. I am thinking that perhaps we will get a $50 and two $25 grocery cards for door prizes. The simple fact is that people like door prizes.

I have a problem with the "polls" being open long enought to get what the Board wants. Sounds like manipulation to me.

This flies in the face of a real meeting, where the motion can be debated in front of the members.

Unless bylaws or other documents say that email voting and ballots gathered over several days are permitted, that vote is null and void.