bylaws

Started by RitaS • 3 replies • 1972 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RitaS (Utah)
Posts: 4

Posted:

Our association previously was only operating with covenants and restrictions which stated in them a unanimous vote was required to change them. We recently passed bylaws with only a simple majority(51 percent). There was no mention anywhere of the required majority to establish bylaws. What percent should it have required?

DonN (Michigan)
Posts: 357

Posted:

My guess is that the initial bylaws have to be created under the laws of your state. This may require first organizing your owners association under the appropriate law and registering you owners association under state law which probably requires filing the Articles of Incorporation. The law should define how to create the first Articles of Incorporation. Then initial bylaws can be created based on the state law concerning writing the initial bylaws.

Don Nordeen
Governance of Property Owners Associations

RogerB (Colorado)
Posts: 5,067

Posted:

Rita, I agree with Don.
Normally By-laws can be amended by a simple majority of those voting at a members meeting; and sometimes by a simple majority of Board members at a Board meeting. Therefore, I think your simple majority may have been adequate.

RitaS (Utah)
Posts: 4

Posted:

Thanks for the reply.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here