Member Voting

In my HOA it requires a 90% vote to amend HOA bylaws. The problem is we can not get enough members to vote (very small HOA 21 homes) and so a stale mate is in place. How can a board correct this?

You would have to have a yes or no vote on amending the Bylaws. You would need 90% yes votes

That percentage is surprising. Bylaws usually don't need such a high threshold for amending as Covenants do. Amending our bylaws only requires a 60% support at a membership meeting with a quorum present. Our covenants are another matter. Initially in our association, 90% support was necessary for amending our covenants until we utilized our proxies into a 'proxy-ballot' format to get a higher rate of voter participation. We canvassed the neighborhood (32 units) to garner as many ballots as possible to be used at the time of our meeting. One of the first amendments was to eliminate the 90% requirement and instead revert to state law which only required 75% support. Still a difficult task but within reach if the issues are clearly spelled out for the members to decide whether or not it's in the best interests of the community. Thank God, in our case it's been very successful.

EdS10

In Virginia, not voting is a yes, ONLY, if we are talking about a vote by certified mail or with proof of mailing. Virgina's Title 55 provides for situations where required quorums don't show up.

In my HA we did this dance a decade ago to raise assessments from their 1970s rate. We had to have a 2/3 attendance and special election, but no one showed up. We finally went with the Title 55 solution of a registered mail to all members, recorded the vote at the next regular meeting, then notarized the count and filed it as a Covenants Amendment. Your State may, or may not, allow this route.

TimB4
Try 55-515.1 (can find a copy at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-515.1 It is worthwhile for anyone in a VA HOA to peruse this site periodically (as VA changes things every now and then) also see Title 13 non-stock corporations.

"A. In the event that any provision in the declaration requires the written consent of a mortgagee in order to amend the bylaws or the declaration, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, or by regular mail with proof of mailing to the mortgagee at the address supplied by such mortgagee in a written request to the association to receive notice of proposed amendments to the declaration and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise. If the mortgagee has not supplied an address to the association, the association shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor's office, and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association, unless the declaration expressly provides otherwise. "

I can't seem to boldface here like you can, so the relevant language above is:
"..shall be deemed to have received the written consent of a mortgagee if the association sends the text of the proposed amendment by certified mail, return receipt requested, to the mortgagee at the address filed in the land records or with the local tax assessor's office, and receives no written objection to the adoption of the amendment from the mortgagee within 60 days of the date that the notice of amendment is sent by the association,.."

Also, FYI, just in case someone in VA is saying hmmmm..,

'Proof of mailing' from the US Post Office is lots cheaper than certified mail. Just remember to keep the proof of mailing sheets with other important papers like the deeds to the utility pipes, etc.

Correction: I should have said mortgagee and not mortgagee in the second sentence.

Boy I wish we could edit. It also shows what happens when someone is tired. Correct my correction. I was right to say mortgagee.

By the way: A link to the passage NameW cited is: § 55-515.1. Amendment to declaration and bylaws; consent of mortgagee.

our bylaws require 61% vote to change any rules. We have never come close to meeting quorum. We have 304 homes. Last election 17 people voted. You think you have problems.

Bylaws which require a percentage which is unrealistice to achieve need to be amended to realistice percentages for quorums, petitions, and amendments. To achieve approval for changes the percentage I suggest using a mail in ballot vote and the first time trying to amend to realistic percentage. Once that amendment is achieved then other items can be addressed as necessary.
Realistic percentages could be:
1) Amend Bylaws - 2/3 approval of those members voting at a duly called members meeting
2) Quorum - 5% of 500+ members; 10% of 100 to 500 members; 20% of 50-100 members; 30% less than 50 members
3) Petition - signed by 20% of members

Using these percentages with 21 members a quorum would be 7 members. With only 7 voting it would take 5 approving to amend the Bylaws at a duly called meeting.

Rick,

The article you provided a website for does address voting on an amendment. However, it does not say members who do not vote will be considered as yes votes; that only pertains to first mortgagee's. Oftentimes the CCRs will require first mortgagees to be notified of and vote for amendments however it's rare that they respond. Therefore some states have passed laws stating that a "non-vote" shall count as a yes vote. I've never heard of this being applied to the members of an assn. Of course that doesn't mean there isn't an HOA out there with that rule; I've just not heard of any.