Meaning #2

What does this mean?

Section 10. Actions Without Meeting. Any action which may be taken at a meeting of the membership may be taken without a meeting if a consent or ratification, in writing, setting forth the action so taken or to be taken shall be signed by persons who would be entitled to cast seventy-five per cent (75%) of the Percentage Interests of membership of the Council at a meeting and such consent is filed with the Secretary of the Council and is inserted in the Minute Book thereof.

Robert,
Occasionally an association is made up of absentee owners or several older citizens , many who are unable to handle membership meetings. This allows important issues to be voted on without their presence such as amendments or special assessments and such things which require all residents to have a voice. The higher percent is sometimes difficult to obtain in a meeting and this allows everyone to vote.

Yes, the insertion of the Minute Book is a good requirement for down the road when after the votes would have been thrown away, there is the written documentation.

RobertR1: In our docs, the text of the "like-paragraph reference" is entitled, Action by Consent. I'm going to put the verbiage which is legalese in parenthethes for easier reading and to be more to the point....

An action (which may be taken at a meeting of the members or of a class of Members) may be taken without a meeting if a consent (or consents in writing--proxies) setting forth the action (so taken) shall be signed by all of the Members who would be entitled to vote at a Meeting for such purpose and shall be filed with the Secretary...

I believe this could be applied to a petition from members (appropriate percentage to pass a vote) signing for a specifically stated purpose/action to be taken on behalf of the community, and it is to be filed with the Secretary and in your case, inserted as part of the Minute Book/minutes, which would allow it to be recorded.

It appears from this text that an "action/proposal/change" by members can be passed without benefit of a member meeting as long as the procedure is followed. It also appears that this does give members the right, outside the Board, to move on an action with the appropriate percentage of consent of members.

I may be wrong, and I may be reading something into this that isn't there but I offer my thoughts.

Gloria and Paul.

Section 10. Actions Without Meeting. Any action which may be taken at a meeting of the membership may be taken without a meeting if a consent or ratification, in writing, setting forth the action so taken or to be taken shall be signed by persons who would be entitled to cast seventy-five per cent (75%) of the Percentage Interests of membership of the Council at a meeting and such consent is filed with the Secretary of the Council and is inserted in the Minute Book thereof.

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Thaank you for your comments,

This clause goes back to the developers documents before turn over to Regime. At least from 1979.

I think I need to go eat a couple bananas because I stil don't get it.
I read the Board (I suppose) can take action without a meeting if they have the signed consent of 75% of the membership. It makes no mention of what the action is for. In order for this to happen they have to somehow obtain signed consent of at least 75%, which would either require a special meeting or at least a notice to each member to agree of an action or disagree. I can't believe this is an expedictious way to solve anything. Of course the question remains what if they don't get 75%?

Has anyone seen this thing actually used?

The Board does have power to expend funds to preserve the common property in an emergency and I believe can borrow money to do this.

If I am just drawing a blank here and don't get the real meaning let me know. Maybe it is something that the developer found handy to have if he controled the Board, I do not know.

Hi Donna,
I ate two bananas abd I'm still dumb as a rock. Now I have questions about the Question #1 also.

I want to thank all for your input and think, at this point, I am making much ado about nothing. I'm willing to just drop it and if it ever comes up in our associations I am going to make a motion that we do it, and let someone else figure out what it is they can do. In my Regime it takes six months to approve a bird house, I don't know how long it would take to impliment this kind of action. We people involve ourselves in some strange rituals.

Nancy & Robert: Yes, action of 75% of members can be taken without a meeting. That is clearly stated.

But, it is also implied that members can exert their power (over the Board) provided that 75% of members have signed consent to an action (not in a meeting) which action must then be filed and inserted in the Minute Book.

This is not to be taken lightly; it would seem it gives a lot of power which can be used by members.