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Subject: Bylaws regarding Board Members
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Author Messages
(North Carolina)


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?


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.


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

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