What is the name of your state (only U.S. law)? Washington State
Our homeowners' association (HOA) bylaws state that a "majority of membership" is required to change dues. For our 130 members that would be 66 votes minimum. The term "majority of members present" is used elsewhere in the bylaws to pass other issues. Bylaws remained the same except that an "exhibit" called "definition of terms" was added which redefined "majority of membership" for the dues section as "More than fifty percent (50%) of those members (voting units) present who are eligible to vote and in attendance, in person or by proxy, at any regular or special meeting." Therefore, our quorum requirements allow 17 members to pass a dues increase. Unwise as this approach may be, taking an understood term and changing it through definition, is it legal to raise dues this way?
In Washington State is there an RCW or case law that deals with this?What is the name of your state (only U.S. law)?
Our homeowners' association (HOA) bylaws state that a "majority of membership" is required to change dues. For our 130 members that would be 66 votes minimum. The term "majority of members present" is used elsewhere in the bylaws to pass other issues. Bylaws remained the same except that an "exhibit" called "definition of terms" was added which redefined "majority of membership" for the dues section as "More than fifty percent (50%) of those members (voting units) present who are eligible to vote and in attendance, in person or by proxy, at any regular or special meeting." Therefore, our quorum requirements allow 17 members to pass a dues increase. Unwise as this approach may be, taking an understood term and changing it through definition, is it legal to raise dues this way?
In Washington State is there an RCW or case law that deals with this?What is the name of your state (only U.S. law)?