Does a change of bylaws have retroactive effects?

Started by CharlesP7 • 8 replies • 807 views

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CharlesP7 (Louisiana)
Posts: 15

Posted:

Our current board posts that they have changed the term of board members, from 1 year to 2. The question is, does this take effect for their current term or at next election? Specific details are, our HoA holds annual meetings in June where since inception (14+ years) directors were nominated and elected for the board. This past June the board was nominated and elected to serve one year but having that they are changing the bylaws wouldn't this be effective for the next election?

RichardP13 (California)
Posts: 3,868

Posted:

Next election. They are subject to the terms of the Bylaws at time of election.

KerryL1 (California)
Posts: 14,550

Posted:

Just double checking: your bylaws don't require Owners to vote to amend them?

CharlesP7 (Louisiana)
Posts: 15

Posted:

No owner vote needed, our by-laws may be changed my a majority vote of the board of directors.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

As another example of this circumstance:

Our HOA (voluntary if you recall) was given a set of Bylaws from the developer (declarant) with wording that allows the BoD to modify.

We, the Board, recently modified the original Bylaws, but chose to require future Bylaws modifications to be approved by 51% of the HOA (since it is voluntary HOA, the actual number of owners would change as the size of the HOA changes).

I suspect some declarants word the handover Bylaws in a fashion that allows the first Board some leeway in addressing issues.

MarkM19 (Texas)
Posts: 1,459

Posted:

Charles,
Typically HOAs have a system that allows for 3 board members to be elected one year and 2 board members the following year. This way you always have some existing members on the board that has some idea what was the plans and what was in process when changeover takes place.

CharlesP7 (Louisiana)
Posts: 15

Posted:

MarkM,

That I know however this developer either has no clue or no care as to what he declared for this community. But the question wasn't questioning the intent of the change as trust me I still think the change they made is not sufficient enough rather as to when the change is in effect. Our management company sent out a notice to residents stating that the board voted and succeeded in amending the by-laws to change the term to 2 years. When the management company was questioned by a resident on whether the current board believes that this action extends their term the response was yes.

SueW6 (Michigan)
Posts: 814

Posted:

If it's a Developer's board, he can do what he wants. And if it was in the motion, effective at from the last election results, then that's it.

If it's an HOA Member-driven corporation, then the motion takes effect when voted on but for the next round of terms, EXCEPT if it was in the motion.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RichardP13 on 11/12/2018 9:58 AM
Next election. They are subject to the terms of the Bylaws at time of election.

Agree ... Richard is correct the new rule takes place after the next election. The current BOD is bound by the terms under which they were elected by the membership. If they get elected again then they will fall under the new rules which they have implemented ... as long as they themselves were allowed to make the said changes per your governing documents.

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