Bylaw amendment-Done right or not?

Recently in my HOA, a proposal was put to the membership to amend the Bylaws.
The Bylaws state that a quorum of 51% of the voting membership must vote in favor of the amendment in order for it to be changed.

The HOA also put forth a proposal to change what "Quorum" meant, and it specifies that only 35% of the voting membership will need to be met in order to form a "Quorum".

The annual membership meeting originally was supposed to happen in March 2020, but a quorum of votes needed for the election of board members was not met, so it was rescheduled. It was rescheduled every month, in fact, until November of this year, due to not enough votes to meet a quorum to hold the election.

Here is what the Bylaws say about a QUORUM: https://drive.google.com/file/d/1meJfgrY_6tRfrVU6Ed0H7EbEeKE4p2qk/view?usp=sharing

Our HOA has 332 units.

In November the Board announced that a Bylaws amendment to reduce the Quorum to an initial 35% of the 332 units, passed with 64 votes.

They also announced that a Bylaws amendment that allows the Board to remove a Board member after 3 absences passed with 84 votes.

Did they do their math correctly?
It seems to me that they are thinking they can use the reduced numbers to pass the amendment asking for reduced numbers.

I can supply the new verbiage for the Quorum amendment if needed, but it seems to me that they cheated.

The reduced quorum was for the election, and voted for that... it seems to me that a Bylaws amendment would need the real number of 51% at least at first in order to pass the amendment to reduce the numbers, and that the reduced quorum for the election would not apply to a bylaws amendment that was only given to the membership in October 2020. IT seems to me they would need to have the full 167 yes votes to pass it. Instead, they said it passed with 64 yes votes.

Are they wrong or am I taking crazy pills? What can be done if they announce this, change the governing documents, etc under false pretenses?

This might help:

https://www.davis-stirling.com/HOME/No-Quorum

Since the association's insurance company writes the D & O policy I would send the agent a copy of your Bylaws with the notice of your complaint.

Just ask for the HOA Accord cert. The agent's information is on the form.

-- Whether the amendments were lawfully passed depends on what the requirement in the Bylaws is for amending. Please quote verbatim what the bylaws say about amending the bylaws.

-- Assuming one vote per unit, and for a meeting of the membership: Quorum is met, and so business may be conducted, if at least 170 members are present in person or by proxy.

-- But amendments do not necessarily require a meeting. Depending on the HOA's governing documents, it is possible a vote on proposed amendments can be done by mail or online.

Melissa,

Some states require Bylaws to be recorded - please be specific.

The following says somewhat differently, from https://www.davis-stirling.com/HOME/Bylaw-Amendments:

"Secret Ballot. Voting must be done by secret ballot (Civ. Code §5100(a).) in accordance with written election rules. (Civ. Code §5105(a).) Unless an association's governing documents provide otherwise, balloting may done entirely through the mail, with no voting at a meeting. However, counting the ballots is still done at an open meeting so members can observe the counting process. Because voter turnout is a problem, boards can extend the voting period one or more times as-needed."

Math-o.

I must have a bad calculator, but when I put 332 divided by two I show 166. When I calculate 51% of 332, the trusty calculator comes back at 169.32. I am off to Office Depot to get a new calculator.

This link says nothing about members contacting the HOA insurer. In fact, after a member tries to bring a matter to the board's attention via comments at open meetings and letters to the board ( <--- Dumb ), it says to pursue IDR and ADR.

I think your sarcasm detracts from your points and makes your communications less effective, big boy.

Where the governing documents permit, online voting is allowed. So this is not accurate:

Nah. For the archives, try:

https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5100#axzz2CR2ljirY

https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5115#axzz2CR2ljirY

Then again, since this election was uncontested, davis-stirling.com says boards might send out no ballots and be safe legally in doing so. See
https://www.davis-stirling.com/HOME/Uncontested-Elections

Ya ya; wrong thread, but same person. She was running in an uncontested election. Your cited site says ballots are required. Yet another davis-stirling site (which I linked) says not necessarily. Hence the balloting procedure you referenced is not necessarily required.

You condone the davis-stirling site when it suits your needs. You condemn it when it does not.

It is purely an attorney's opinion and I have every right to disagree as people should.