Titles for non-profit

Started by MistyB1 • 5 replies • 1226 views

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MistyB1 (Texas)
Posts: 10

Posted:

Where on the internet can I find rules and titles for a non-profit organization like the HOA? Specifically title 18. Have tried to find it but cannot. I am having a Board mtg tonite or tomorrow and need this info as soon as possible. Thanks fellow HOAers.
Misty

LindaC3 (Florida)
Posts: 526

Posted:

What state are in ?? and exactly what are you looking for ? LindaC

MistyB1 (Texas)
Posts: 10

Posted:

Linda, I am in Texas. I was told from another forum member that when we don't reach a quorum for an annual mtg and have rescheduled another, that we can reduce our quorum by 50.1%. Just want to see that in writing for myself before I take it to the other members of Board. Linda, have another question for you or anyone else. In our CCR's and bylaws it does not specify that to amend the bylaws that the Board can do it or we need to have a special mtg for this for the members to vote on it. What are your thoughts? Thanks. Misty

GloriaM (North Carolina)
Posts: 829

Posted:

Misty:

I am not sure about Texas laws, however in general to amend CCR's it will take a majority of the membership to vote by ballot, or proxy ballot. Board Members cannot amend CCR's on their own.

BradP (Kansas)
Posts: 2,640

Posted:

Misty:

If I am not mistaken you need to abide by what is written in your CC&rs in regards to quorums. IF it is not met at the first meeting I don't think you can reduce the quorum needed for the second unless your rules speak to it.

JM2 (Oregon)
Posts: 439

Posted:

Hi Misty:

If you put something like "Texas Title 18" in your web search engine you can probably find a page with links to what you're looking for; it's usually on your state's Secretary of State's website.

Regarding changing Bylaws, if your Bylaws are silent to the issue, and your CC&R's don't set a quorum requirement or procedure for changing your Bylaws, you would probably want to consult with a lawyer on how best to proceed; you will want to follow a procedure that would stand up in court. In amending the Bylaws, it may be a good idea to add a section to set up a procedure for amendment.

Most of the Bylaws I've seen require a 75% affirmative (yes) vote of all the members (not 75% of those who show up, or vote) to amend the Bylaws. It's a high standard, but possible.

J. Patrick Moore, CMCA

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