What constitutes a "majority"?

Started by JosephH2 • 7 replies • 2267 views

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JosephH2 (Pennsylvania)
Posts: 57

Posted:

I am president of our homeowner controlled HOA board.

The board wishes to amend our bylaws.

At our next Association meeting we want to put the amendment to a vote.

Our bylaws state: Amendments to Bylaws. These Bylaws may be modified or amended only by vote of Unit Owners entitled to cast a majority of the votes in the Association, except as otherwise expressly set forth herein or in the Act.

Does this mean we need a majority of ALL unit owners, or a majority of those who show up at the meeting (assuming a quorum)?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By JosephH2 on 09/12/2012 3:03 PM
I am president of our homeowner controlled HOA board.

The board wishes to amend our bylaws.

At our next Association meeting we want to put the amendment to a vote.

Our bylaws state: Amendments to Bylaws. These Bylaws may be modified or amended only by vote of Unit Owners entitled to cast a majority of the votes in the Association, except as otherwise expressly set forth herein or in the Act.

Does this mean we need a majority of ALL unit owners, or a majority of those who show up at the meeting (assuming a quorum)?

The "default" majority according to standard parliamentary procedure is more than half of the votes cast. However, in this case, what is specified is a "vote of the Unit Owners entitled to cast a majority of the votes in the Association." Although this is poorly written, what I believe what this was intended to say is "a majority of Unit Owners entitled to vote", which would mean a majority of ALL unit owners in the Association, not just a majority of those attending a meeting.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Don't know about PA law, but in Arizona a majority means a majority of the votes cast if there is a quorum. State law allows as few as 10% of the members to constitute a quorum.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Bruce paid more attention to the precise wording than I did. His interpretation may be better but there was a reference to "the Act." You need to find out what the Act has to say on this subject.

I would hope that your amendment is to eliminate this provision of the bylaws. Many associations function just fine with only the board of directors amending the bylaws and the members having the power to override those amendments.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By LarryB13 on 09/12/2012 3:22 PM
Bruce paid more attention to the precise wording than I did. His interpretation may be better but there was a reference to "the Act." You need to find out what the Act has to say on this subject.

I would hope that your amendment is to eliminate this provision of the bylaws. (b>Many associations function just fine with only the board of directors amending the bylaws and the members having the power to override those amendments.

I strongly disagree with this. I think this is a road to he!! paved with good intentions and opens the door to the minority controlling the majority.

At the least, I believe in 51% of all eligible owners must approve (how and when they vote another issue) changes to the Bylaws.

TimB4 (Tennessee)
Posts: 21,061

Posted:

100 lots, 1 vote per lot, 98 lots allowed to vote (the other 2 had voting privileges suspended), 75 lots cast a vote

Majority of votes cast = 38 votes needed to amend (75 divided by 2 rounded up)
Majority of Unit owners = 51 votes needed to amend (100 divided by 2 rounded up)
Majority of unit owners entitled to cast = 50 votes needed to amend (98 divided by 2 plus 1)

Per the language used, you need a majority of all unit owners (expecting everyone is allowed to vote)

Davis-Stirling.com has a good page that defines the types of majority votes.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Remember that a majority is not 51% it is simply more than 50 percent.

JosephH2 (Pennsylvania)
Posts: 57

Posted:

Thanks Tim.

Clear and direct as usual.

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