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DanielL3 (Louisiana)
Posts: 65
Posted:
Another question: Can the membership introduce a motion, at a regularly called meeting, to change the bylaws where the President and Vice-President
shall be elected by the membership? Is there any HOA out there that elects
their President or any Officer? Consider this is not contrary to any HOA documents or State Law.
SusanW1 (Michigan)
Posts: 5,202
Posted:
To change the bylaws, there are steps you must go thru. Read your bylaws to study them. There will be voting requirments and other procedures stated. (First, see who has the authority to amend the bylaws.)

Our HOA elects officers,(4) then elects directors at large.(5)at the annual meeting each May for 1 year terms.

One Disadvantage: one year NO ONE volunteered to run for Secretary! Finally someone offered to run. And the next year, a Nominating Committee was formed to make sure that candidates were identified for each officership.

Nominations can be accepted from the floor and write-ins are allowed for all positions. A "slate" of officers is presented by the Nominating Committee, also.

DanielL3 (Louisiana)
Posts: 65
Posted:
Susan,

How are your bylaws written in regards to amending bylaws?

Our bylaws read "These bylaws may be amended by majority vote of the members in attendance at any duly noticed regular or special meeting".

How do you define the extent of change with the word amend?

If the changes are numerous and detailed can the amend wording
prevail or does it become REVISED?
SusanW1 (Michigan)
Posts: 5,202
Posted:
A new fresh bylaw can be added to the Bylaws.

One current individual, bylaw statement can be amended or recinded.

If you are changing an entire large Section, recind that one and pass a new bylaw Section to replace it.

If the entire document is being re-written, you can re-write them and pass a revised set of bylaws.

Bylaw wording should be VERY clear so that anyone picking them up can understand the meaning.

Whoever has the power to change the bylaws needs to see the proposed changes IN WRITING before the vote. When the meeting is "called", the amendment change or addition needs to be stated in the notice of the meeting, so the members can see exactly what they are voting on.

Best thing is to have a Standing Bylaw Committee that reviews the Bylaws every 3 years for accuracy, legality, relevancy and application.

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