Resolution

I am new to this site, but I would like feed back on the following letter that we recieved in the mail, from our HOA I am going to retype the letter excactly as it is written

RESOLUTION

to amend the By-Laws for North Crossing Community Association,

FOR the purpose of amending meeting notice requirements.

WHEREAS, due to the advancement of technology, and the inception of the Internet, the Board of Directors has determined that other reasonable and cost-effective means of notice of meetings to members are available and in the best interests of the Association to implement.

WHEREAS, the Board submitted a proposal to ament the By-Laws to the quorum present at the regularly scheduled meeting of the Association held on March 23, 2011.

WHEREAS, a majority of fifty-one percent (51%) of the members present in person or by proxy voted in favor of the Amendment of Article III, Section 3, NOtice of Meetings of Members as set forth in the following resolution.

NOW THEREFORE, LET IT BE RESOLVED, that the By-Laws for North Crossing Community Association, Inc., be amended as follows. The existing languarge of Article III, Section 3, MEETING OF MEMBERS -Notice of Meeting is to be deleted in its entirety and replaced with the following:

Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing or delivering a copy of such notice, at least 72 hours before the meeting to each Member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Written notice under this Section may also be satisfied by posting said notice on the Association websit at least 72 hours before said meeting and maintaining said posting on said website until after the day and time of said meeting or by mainling said notice of all scheduled and known meetings in conjuction with the annual mailing of the annual budget of the Association. Any Member who wishes to receive all notices by first class mail may do so provided that such Member informs the Association in writing of said preference. All of the aforementioned notices may be waived upon the declaration of an emergency by the person calling the meeting. All notices shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. All meetings of the members shall be held at places and times convenient to the greatest number of Members. Notice of any annual or special meeting may be waived by any Member either prior to or after any such meeting. Attendance by any Member at any annual or special meeting, either in person or by proxy, shall be a waiver of notice of that Member of the time, place and purpose of that meeting.

ADOPTED PURSUANT TO THE MAJORITY APPROVAL OF THE QUORUM PRESENT AT THE REGULARLY SCHEDULED MEETING HELD ON MARCH 23, 2011, AND SIGNED ON THIS 23 DAY OF MARCH, 2011.

Ok so upon receiving this I call the managemnet company to request that I would like to make arrangements to see when and how we as members were notified of changes being made to our by-laws, and that I wished to see the votes, and the proxy's of the 51 percent of the members. However, our by-laws require that 75% of the members must approve changes to the by-laws. We are a community of 486 members. The response I received on letter from the management company was as follows:

Hi Lori, I’m replying to your voice message via email. Hope that’s OK. The board has the power to adopt resolutions. It needs 75% approval to be in effect. That is the only obligation the board has. We’re certain the homeowners will see the logic in the 2 resolutions.

To me this is not a resolution it is a change in the by-laws! It would be a resolution if they stated that " Now therefore, let it be resolved, that we will be working to acheive getting members email addresses to provide written notice about meeting. Would like any feedback.

Thanks

Lori

Tim,

Thanks for your questions, it was a board meeting the board hold monthly Board meetings.

Thanks for your response and your questions.

Lori

Thanks Janet,

That was helpful information as well.

Lori

Hi Lori,

If your hoa bypass are like ours then you can change the bypass at a regular meeting by a simple majority vote. However, and this is a big however; refer to your declarations &covenants under "amendments" which will usually govern certain "types" of amendments to both of these documents. For example, voting,maintenance of the property,etc., and if the issue is covered by one of these categories of proposed amendments then it does, indeed, require a 67 percent vote of the entire membership to amend a particular bylaw or declaration & covenants.

It is important that you read these documents carefully.

PaulM12