Quorum

Started by MarkC3 • 7 replies • 1692 views

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MarkC3 (Indiana)
Posts: 43

Posted:

When do you need a quorum of all residents to change a rule as compared to the board making the decisions?

thanks

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MarkC3,

In my NNJ community a quorum of owners to change something, including a rule depends on what is being changed. I would imagine your by-laws, are different than mine, and yours spell out what the percentage requirements are, and when. For example, my by-laws define material amendment changes to my by-laws, one of which is self-management, another is change any aspect of the maintenance responsibility of the common property. If any of that is to occur, the requirement is 67% of the eligable mortgage holders to effect the change.

GeraldT1
NNJ

RogerB (Colorado)
Posts: 5,067

Posted:

Mark, this should be addressed in your By-laws. A Rule and Regulation can often be made and changed by a majority vote of the Board members present at a Board meeting; whereas amendments to the By-laws usually always require a majority vote of members present at a duly called meeting where a quorum is present. Even when the Board can change a Rule it is wise to present it for approval by the members at a members meeting to get wide spread support.

MarkC3 (Indiana)
Posts: 43

Posted:

For example, our community HOA meeting last October we tried to vote on backyard sheds. The vote failed, but couldn't the board members themselves change these rules? I ask as I am running for Pres this year and would like all the info I can get on these types of questions.

Thanks

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MarkC3,

Why did the vote fail, and what as the vote for specifically regarding backyard sheds?

That it came to a vote of the community means there was a reason.

Your by-laws should specify everything. They may say that no such matter may be voted on twice in a one year period, or something to that effect.

If the community voted on the sheds, regardless as to whether the board should of or not, it does not seem fair to me that a board would undo what the community wished.

GeraldT1
NNJ

MarkC3 (Indiana)
Posts: 43

Posted:

The vote was to allow a specific storage shed on backyards. The vote was turn down. My question is does the board memebers have the power to vote on such matters, or does it need to go to the community. You know, like the 5 member on your Town concil that vote on basically everything on your behalf.

Just curious.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

MarkC3,

So the vote was turned down by the community, you didn't specify, but I have to assume this to be the case. Let it be. The Board bringing it up again, and or overriding the community is at your own risk, I would not advise it, rather let the unit owners petition if they want a change. In my opinion, it's irrelevant if the board can vote on the matter, now that the community has decided.

As for your comparison to the town council, they too are subject to procedures regarding the open meeting act, and protocol for voting in public.

GeraldT1
NNJ

MarkC3 (Indiana)
Posts: 43

Posted:

Thanks for your insightful reply. I am not looking to have the board over turn the vote; I just needed info to field questions. Thanks again.

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