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AndersH (Arizona)
Posts: 30
Posted:
In the CCRs of our HOA it states in several places that "Approval of such resolution by not less than two-thirds (2/3rds) of the votes of all Members entitled to vote". Does it mean:
a. 2/3rds of the people voting or
b. 2/3rds of the people eligible to vote?

Example: We have 108 people eligible to vote, but only 54 did vote. On this particular issue, 48 voted yes and 6 voted no. If a is correct our issue passed, but if b is correct we did not satisfy the requirements of our CCRs.

I would appreciate it if someone could clarify this.
Thank you,
Anders
JosephW (Michigan)
Posts: 882
Posted:
Since it didn't say "in attendance" then to me it means (b) 2/3 of all members entitled to vote, not just those at the meeting. Usually this number is only for changing the documents, but unless there is some language that we're not seeing, it looks like its going to take 2/3 of all members to change things.

Joe

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RobertR1 (South Carolina)
Posts: 5,164
Posted:
AndersH,
I don't see how it can be anything but (b).

It says and means 2/3 of the vote of all members entitled (eligible) to vote.

You really don't think if you had a meeting and five people showed up, that 2/3 of five, and 2/3 rds of # on Board could past an amemndment.

Even if you have enough members for quorum through the use of proxys, you still need 2/3 of members entitled to vote. You could go to the membership and ask they vote by proxy to the amendment, but you would have to fully explain what they are voting on, even if they assign their proxy to someone else. The boards responsibility is to inform the membership clearly and provide concise instructions on how to vote.
Your documents should spell this out clearly and if they don't, they also should be amended.
JustinW (North Carolina)
Posts: 5
Posted:
Do you require a quorium? Do you allow proxy voting? I would think that your 2/3rds would be effected by these things.

JustinW
BrianB (California)
Posts: 2,820
Posted:
robert and i agree. it's B.

you need 2/3 of all members entitled to vote. with 108 members, that would be 72 votes for the measure. If you had a couple members not eligible to vote (unpaid dues, etc), that number could drop a bit.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Brian,
If my vote counts, it is 72 positive votes to pass an amendment. Forget the quorum and all of the other logistics. Once all of that is acheived, it is "72" to pass.
AndersH (Arizona)
Posts: 30
Posted:
Thanks all for your answers.
Enclosed as a Word document is the entire paragraph 6.1.C from our CCRs. I am sorry I did not provide it in the first place.
Thanks again,
Anders
📎 Attachments (1):

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📝1210382513071.doc(26 KB)
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anders,

Ater reading, it's still 2/3rds of the eligable membership or 72 votes.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
AndersH: Perhaps to make it clearer for you--IF the document were to allow a vote to pass of members at a meeting, it would state "2/3 of those present at a meeting"; otherwise, it is as other posters have stated.

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