simple majority

Started by LizH2 • 6 replies • 2343 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LizH2 (Florida)
Posts: 1

Posted:

Our homeowners board has decided they want to change our bylaws that require 75% of the home owners at the meeting to be in aggreement, to the "simple majority". They stated the reason being that not many people come to the meetings and they are having a hard time getting things done. They said other neighborhoods do this and it works well. What is the forums opinion? Our neighborhood has 116 homes.

JohnI2 (Colorado)
Posts: 8

Posted:

In our HOA we have 550 homes and the BYLAWS read that a quorum is 10% of the home owners. That is one person per household.
We need 55 members to be a Quorum.

So far it works for us.

RogerB (Colorado)
Posts: 5,067

Posted:

Liz, I think you are referring to voting at a meeting at which a quorum has been established. I suggest you consider changing from 75% of the owners present to a simple majority (over 50%) of those voting. This removes any questions about owners present but not voting. This results in simply counting the votes for and against a motion.

PatriciaB (Illinois)
Posts: 5

Posted:

Our HOA Declaration states that provisions of the Declaration may be amended by not less than 75% of the homeowners, which are subject to the provisions of the Declaration, and containing an affidavit by an officer of the Board certifying that a copy of the amendament has been mailed by certified mail to all mortgagees having a bona-fide liens of record against any Lot no less than five days prior to the date of such affidavit; provided, however, no amendment affecting the right of the holder of any Eligible Mortgage on a Lot shall be made without the prior written approval of seventy-five percent of the holders of Eligible Mortagages on Lots. This all seemed very convuluted, and is a significant
concern for homeowners who would like to amend certain by-laws.

Regardless of whether or not 75% of the homeowners agree to change an exisiting By-Law, the fact remains the Declaration By-Laws exist for the good of the community and impacts the people who live in the community. Why should the "mortgagees" play such a significant role with homeowners seeking to amend by-laws?

I'm clear with 75% homeowners vote; yet, very confused with the "mortgagees" input as described in the Declaration.

Is this language similar in other Declaration By-Laws?

RogerB (Colorado)
Posts: 5,067

Posted:

Patricia, have you heard the expression "me and the mortgage company own this house"? Similar terminalogy to what you stated is usually is found in Declarations and it protects against amendments to the Declaration which would significantly reduce the value of their investment. Unfortunately HOAs usually do not have an up-to-date list of names and addresses of the mortgage companies. Some Declarations have an "Eligible Holder" clause which (I think but don't hold me to it) may resolve the problem of contacting unregistered mortgagees.

Amendments are often made without mortgagee input when they do not impact home values. However, the amendment could be challenged.

This is not a legal opinion. An attorney probably would give you a somewhat diffent answer. Tom?

RogerB

LisaS (Illinois)
Posts: 341

Posted:

We require 66% of the membership to vote affirmative in order to change our covenants at a meeting duly called for that purpose. (we have 300 member lots)

We do not require a quorum in order to vote on issues at any meeting, however we do require simple majority to pass a motion.

PatriciaB (Illinois)
Posts: 5

Posted:

RogerB - - Thanks, your comment does add clarity to the language used in the Declaration.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here