Add Voting rule to Rules and regulations

We have a small condo association which requires over 50 percent to form a quorum. It is always a challenge each year to get these votes. Does anyone have in their rules and regulations to fine a member who does not submit a ballot for the annual meeting? I am thinking a small fine would give the members a little push.

Strongly suggest not doing that, even if it would be lawful (and I suspect it's not).

Instead, think of ways to encourage voting. Making it easier helps (ie. allowing online voting or using proxies if these are OK in your state). A contested election usually gets a lot of participation. And not to be snarky, but if the board institutes a fine for non-participation, you WILL have a contested election if the board hasn't been replaced before then.

We started online voting last year and have always allowed for proxy voting. All the units in the association currently are rentals so there just is not a lot of interest. Amending the By-Laws would require a majority. As long as I remember we have always needed to reconvene the meeting to a later date and time to lower the threshold needed to conduct the annual meeting. We just would not have the votes needed to get the amendment passed.

The Board of Directors shall have the right to enact administrative rules and regulations
regarding the use of the common areas and facilities and conduct of the members and assess
fines for infractions.

I know it is a stretch but laziness of the owners is the conduct I want to address thru a small fine. Frankly if I could get some owners to complain I could get the amendment passed.

Wendy,

Thanks. That is an idea I have not considered. I would be shocked if I could get action thru the legislature but it may be worth a try. Thanks for the links.

In theory, it sounds like a good idea, but just as people have the right to vote, they also have the right not to. Granted it doesn't make any sense - surely, you can make the time to show up to at least ONE meeting a year, cast your vote, and then go back to whatever you were doing. But people don't do that - and then wonder why they weren't aware of major community issues (these folks usually aren't reviewing board meeting minutes or the association's income/expense statements either).

Then you get into the "how small is a small fine" issue, what do you do if you later find someone didn't vote due to a bonafide issue like a medical emergency, where is all this money going, yada, yada, yada. I think it would probably be easier for you to poll the community to see if the governing documents can be adjusted to drop the quorum to 10%.

Almost all the Bylaws I have read over the years have a quorum requirement, if old, they are 50% or more. How does lowering to 10% unless Bylaws are higher help anyone?

I don’t think legally you can fine members for non-attendance, unless you amend your CC&Rs, which usually requires a whopping 67% membership vote (Chapter 47C. North Carolina Condominium Act.), and no way this would pass IMO, even if you only needed a simple majority vote of the membership to amend your CC&Rs. Before even considering this however, I would consult an attorney, but as others have noted, I don’t think it’s a good idea.

However, I think you can amend your Bylaws to help with this problem, fairly easily.

I live in NC too, and we went through this a while back, where our quorum (as stated in our Bylaws) for membership meetings was 50% (this is too high, I agree), and it was changed to 33%. I think you are governed by “Statute 47C. North Carolina Condominium Act”, right? This is a similar document that governs our LOA, “47F Planned Community Act (PCA)”.

My suggestion: Have the Board include in the Annual Membership Meeting notification “Agenda”, (or Special Meeting notification Agenda) that membership vote(s) will be held to amend the Bylaws at the meeting, and I would go ahead and include the amendments you want the members to vote on. "From the Condominium Act: "…on the agenda, including the general nature of any proposed amendment to the declaration or bylaws”. Remember the membership has to be notified of any vote held at the meeting, and they must be notified “Not less than 10 nor more than 60 days in advance of any meeting”.

AT the meeting: 1st - Vote on the “method” of amending the Bylaws (unless you already have this included), (you can make is 2/3 of the members present in person or by proxy (as we did), or even a simple majority.)
At the meeting: 2nd - Vote to change the quorum requirement at membership meetings. The Condominium Act, recommends 20% attendance of members, in person or proxy, (we made it 33%). And of course, as per statute, whatever that meeting quorum is, will be halved if a second meeting is required.
Good Luck!

See supporting “NC Condominium Act” language. (I would still run this by an attorney.)

§ 47C-3-102. Powers of unit owners' association.
(a) Unless the declaration expressly provides to the contrary, the association, even if unincorporated, may do all of the following:
(1) Adopt and amend bylaws and rules and regulations.

§ 47C-3-106. Bylaws
(a) The bylaws of the association shall provide for:
(6) The method of amending the bylaws.

§ 47C-3-108. Meetings.
(a) A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having twenty percent (20%) or any lower percentage specified in the bylaws of the votes in the association…..The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws,

§ 47C-3-109. Quorums.
(a)Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent (20%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.

(c) In the event business cannot be conducted at any meeting because a quorum is not present, that meeting may be adjourned to a later date by the affirmative vote of a majority of those present in person or by proxy. Notwithstanding any provision to the contrary in the declaration or the bylaws, the quorum requirement at the next meeting shall be one-half of the quorum requirement applicable to the meeting adjourned for lack of a quorum.

Thanks everyone for the comments and taking your time to post. Having a small community has its challenges. The use of attorneys is somewhat of a luxury as the costs affect the budget to a greater percent. Having a sound board to throw ideas out is nice. Ultimately I would like to get the Bylaws amended but for the next budget I may add to meeting expenses to give out Amazon cards to the owners who send in their electronic ballot.

Mark

I have seen situations where people that vote, attend the Annual Meting, etc. are entered in a drawing for say a $100.00 Gift Card to Lowes.