Rule changes

We have a question about challenging a rule change. CC&Rs state the following.

"a rule change may be reversed by the affirmative vote of a majority of a quorum of the members, pursuant to Section 4070, or if the declaration or bylaws require a greater percentage, by the affirmative vote of the percentage required."

So if we have 50 owners, how many is that? Is it the majority of all 50 owners (more than 25) or a majority of what we would need for quorum (more than 13)?

“Rules” are usually passed by the board i. e. pool hours, garbage can placement, etc.

Is this a Board vote? (These “members” you are talking about? )

JillS8, I read it as the majority of what your HOA needs for a quorum of a properly noticed members' meeting.

By any chance is the requirement at your HOA for a quorum, '25% of all members either present in person or voting by proxy'? If so, and assuming neither the Declaration nor Bylaws require a greater percentage, then at least 13 members present in person or voting by proxy is a quorum. Then per JillS8's wording, and depending on the number actually present, as few as seven members voting in favor of reversing the rule will be able to reverse it.

The wording is pretty common, even at the City Council level. E.g. as long as a quorum is present, then a majority vote //of the quorum// wins the vote.

Jill,

I'm probably repeating others' comments.

Quorum specifics are usually in Bylaws, not CCRs ... some states probably different. Need to understand both docs.

It sounds, if your bylaws read like most, that it will be pretty straightforward to obtain a quorum - and, then vote to change the rules per CA.

However, I'm thinking about why the Board is now enforcing parking rules ... perhaps there is an increase is overnight parking, larger families, more renters etc? "We have no parking issues," may not be a widely held view ...

Are you saying if a Quorum is not established in the Bylaws then it becomes 51% of the membership?

If its not stated in the bylaws or CCRs (% needed to conduct business) go to your state condo law or non orofit corporation laws.

It is NOT a majority figure; usually much less.

Ours was a Quorum of 50% to be able to conduct business at our Annual Meeting but we changed it to 20%. It required 51% of all owners to approve the change.

Some got confused thinking we were changing to 20% to approve Covenant/Bylaw changes. We had to explain over..and over...and over it was for the Annual Meeting Quorum only.

So how does that work?

What did owners vote for on this ballot? Was it to overturn the rule? Or something else? I'm the one who's confused.

Based on your most recent quote, yes, it seems there needs to be only a simple majority for a topic that's appropriate for the membership to vote on.

With attendees and Proxies we usually get about 30 to 35 of 112 owners. We never got 50%.

Calif. corporations code for nonprofit mutual benefit corporations (most CA HOAs) 7510

"(d) The votes represented, either in person (or, if proxies are allowed, by proxy), at a meeting called or by written ballot ordered pursuant to subdivision (c), and entitled to be cast on the business to be transacted shall constitute a quorum, notwithstanding any provision of the articles or bylaws or in this part to the contrary. The court may issue such orders as may be appropriate including, without limitation, orders designating the time and place of the meeting, the record date for determination of members entitled to vote, and the form of notice of the meeting."

Now I can't FIND it again, but I must be reading it wrong. Is it incomplete? It seems to say that there is no quorum requirement despite HOA docs????

I really didn't think there was anything in CA Corps. Code, but followed Sue's advice and took a look. Maybe someone else can find more of it and interpret.