Quorum question

Our CCR's state “By-laws for the administration of the association and the property, and for other purposes not inconsistent with this declaration shall be adopted by the association by concurrence of those voting owners holding at least sixty (60%) of the voting power.”

Our articles of incorporation and CCR’s both state each member shall have one vote.
12 owners – 60% or 7.2 owners (round to 7?)

1 owner is deceased no heirs, bank has not foreclosed so legal owner is still the deceased person. (No one to vote on her behalf)

2 other owners have liens against them and under our current by-laws “owners not in good standing” have no right to vote.

Our state law states:

“by-laws may provide the number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members holding one-tenth of votes entitled to be cast represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present, shall be necessary for the adoption of any matter voted upon by members, unless a greater proportion is required by this chapter, the articles of incorporation or the bylaws.”

Can we vote with 9 owners - 60% or 5.4 (round to 5?)

you must always round UP since you need a minimum percentage

you would nned 7 AYES to pass a by-law change even though 2 members would make a quorum

Note the highlighted. Since your members lose their right to vote when they fall behind in paying assessments then the percentage will be based on how many lot may vote.

For the one member who is deceased, her estate holds the voting power until the bank takes full ownership of the property. As long as the assessments are current, then they are included in the overall number allowed to vote.

So you either have 10 lots or 9 lots with voting power (depending on the one property).

60% of 10 = 6
60% of 9 = 5

QUESTION, do you already have bylaws? The section you cited only deals with adopting bylaws. If you already have them, they might have a different percentage requirement for amending them. If your incorporated, you should also check State Corporate law to see if any changes may have trumped this section of your documents.

Tim

I would recommend rounding up to be safe in case there is someone wanting to throw a tantrum.

LOL ... I almost made that same mistake earlier. The general math rule would be to round down.