Quorums and percentage of voting power

Our by-laws constitutes a quorum as the majority of the voting power. In the case of our 20-unit association, that amounts to at least 11 units/members to have a quorum. My question is this: Does this quorum become the new voting power for that particular meeting or is the voting power still comprised of the entire member's association? It makes quite a difference when trying to get a majority vote because, if the former, it would mean that only 6 YES votes among attendees would be required to get an issue to pass since that would be a majority of members present. If the latter, it would mean that all 11 attendees would need to vote YES in order to meet the requirement of the majority of the members in the association.

Voting powers is all determined by what your voting to do, like you can't have 11 lots vote for adding in new restrictions or changing restrictions that's already been recorded and voted on most states that's 100% have to vote to approve their contract change, you can have a 11 lot vote for running the HOA to do business and enforce restrictions and everyday business running's.

some recently posted a good article of how there are like 5 things that governors a HOA and each has different meanings and voting requirements. Most thinks and they get their HOA into deep fixes because they get confused what constitutes voting requirements, 11 lots out of 20 voting are in fact very limited in powers depending what their voting to do, either changing deed restrictions, convent's, by-laws or just running everyday business.

Would you want 11 lot owners to dictate for the whole community to change their/your contracts or 100% votes for changing it? or do you rather have 11 of 20 lot owners to vote to run the HOA business that's already in contract?

The main point is, Ron that you need to check your documents. it's true that the % of voting power varies depending on what the issue is. Often on the Board only needs to vote to change or add rules (so long as none conflict with higher level documents or muni/state/fed laws.

Usually the % to change your CC&Rs (Declaration, Covenants) is very high--ours is, for example, 67%.

The quorum and % to vote fore directors may not be high at all. We only need 25% of eligible voters to make quorum to elect directors. and a simple majority of that elects the directors.

But, I'll ask again, Ron: Do proxies and/or absentee ballots count as "present" for the purpose of achieving a quorum????

What type vote ware you talking about?

Typically it is as you said for Bylaw changes and BOD Voting. 20 owners. If 51% to make Quorum and 11 are present (in person or via Proxy) then a quorum is met and voting can be done. 6 or more out of the 11 vote (in person or via Proxy) YES, then YES it is. Bottom line is 6 out off your 20 controlled it.

There are times, usually Covenant changes, where as high as 90% of all (18 of 20 in your case) must vote YES to make the change like dissolve the HOA.

Not sure what you mean Richard.

Let's say a Majority of membership is required for one thing and 67% of membership is required on another in a 100 unit HOA where 10 are delinquent.

Are you saying that for the Majority vote, there needs to be 46 in favor.
And for the 67%, there needs to be 61 in favor.

Or are you saying that on the Majority vote, Majority of the 90 members in good standing (46) constitutes a quorum, and Majority of those present (24) need to be in favor for something to pass.

On the 67% vote - I always thought that "not in good standing" had no effect - Need 67 votes no matter what.

How do you think it works?

Thanks Kerry. Very helpful re the Majority vote requirement.

I included the 67% vote because that is a fairly common number of votes needed to amend docs. Is that kind of number affected by delinquencies/suspensions?

NpS

In California, we are required to bring the offending party, whether delinquent or behind on a fine, to a hearing prior to suspending their voting rights and/or the common area privileges.

In your 90 member scenario, if the percentage to change, say the CCRs, is 67% in the affirmative, and you had 10 with suspended voting, your Voting Power is 80 and quorum would be based off the 80 and you would need 67% yes or 54 of the 80.

Some believe that even if delinquent, a homeowner should have the ability to vote to approve or disapprove amendments or re-write of the CCRs. My opinion, is that they are a convicted felon, so to speak, who lost their right to vote.

Here are all the relevant sections from our docs:

"Association may suspend voting rights of any Member for any period during which any assessment against his lot remains unpaid and for a period of no more than 60 days for infraction of published rules governing the use of the Common Elements."

"Owner's Easement is subject to rights of Association to dedicate or transfer all Common Elements which it owns to any public body, agency, or authority. Except as described in Article XII, such dedication or transfer requires the consent of 2/3 of the Association's Members."

"No special assessment shall be made for construction of any capital improvement unless such assessment shall be approved by a vote of at least 2/3 of the Association Members voting in person or by proxy at a meeting duly called for such purpose."

"This Declaration may be amended during the first 20 year period by an instrument signed by the owners of not less than 75% of the dwelling units in ___________, and thereafter by not less than 66 2/3% of the owners."

My recollection before I looked these up was that suspending a HO's voting rights only made it harder to reach the required number of votes to pass a measure. This appears to be confirmed by the specific language in my docs (no mention of eligible voters). Does anyone read them any differently?

As liquified as you may be John, I agree with you. Pour me one.

Kerry, this looks to me like the one area where CA is less restrictive than PA.

67% of 90 eligible members out of 100 total members (CA) = 60 yea votes needed to pass.

67% of 100 members (PA) = 67 yea votes needed to pass. (No discount for ineligible members).

In PA, we need 7 more votes to pass a measure than in CA. Or so I think.

That might work but if the others state they didn't receive the meeting date and issues to be voted on, they can and will SUE the HOA board members and the HOA. down the road a HOA is in hot water as for those board members getting individually sued civilly, since they sent out notices of the voting meeting via emails only and excepted those whom they deem as trouble makers that would not vote in favor of their cause.

If some HOA member just slaps a note in my door or mailbox, I'd just tossed it away in the garbage and wait to sue them when they pulled something. And claim I did not legally receive this notice of a vote and due to wanton neglection of this HOA board was illegally deprived of my voting rights. Just that lawsuit alone will cost this HOA a ton of money to defend before discovery even begins. So what if I am suing myself taking everyone else down too, that the whole point of it.

Not really, they'd have to have a camera on the door to see who actually tossed a noticed first of all second only an idiot would acknowledge something without some proof they've did something that might be illegal, tossing a noticed on a Door, who's to say that wasn't considered a Flyer? hades junk mail in the lower portion of the mail box just gets trashed even all those stupid flyers you get, second sure you can send a tell to a Lot owner to say there is upcoming vote, and get a return SOMEONE opened it and allegedly read it but who?

Now you can't toss sign here to acknowledge a return receipt on a legal document. But if a sheriff just slaps a notice on your door and walks away, some states you were not duly sworn to sign and return it, hence process not served.

you shouldn't call someone your perjuring themselves with out more facts supporting what you said. All I said was unless it's a legal document anyone can and have a right just to trash anything placed on their door or mailbox what's not served legally. Nothing wrong with that, so what if it's from the HOA and they can possible say you knew what's was coming, if you want to accomplish something legally do it thorough certified mail or people like me will just trash it and claim ignorance since people like me did not read what was in an envelope or package there is no crime throwing away what you call junk Mail.

As for emails, If the city sends a email to my account there is 10 people that also has access to it, and besides I have like 5 email accounts. most of them are junk stuffs for warranty's, game accounts, Work, etc, etc,etc and unless those HOA asked every year to update personal data, it's on them if they send stuffs on accounts that might be closed.