What is the name of your state (only U.S. law)? Ohio
We are voting to change an amendment to our bylaws in an expeditious fashion and I believe our board/management company is misinterpreting our bylaws for this. One thing to note, we already had our annual meeting and the vote for this issue is being conducted view mail with paper ballots and not a meeting. Here are the two relevant sections of the bylaws that answer my question:
Majority: Except as otherwise provided in the Act, the Declaration or these Bylaws, all actions taken by the Unit Owners shall require the affirmative vote of a majority of the voting power of the Association present at a meeting at which a quorum is present.
Amendments: Provisions of these Bylaws may be amended by the Unit Owners at a meeting held for such purpose by the affirmative vote of those entitled to exercise not less than seventy-five percent (75%) of the voting power, provided, however, that no amendment shall have any effect upon Declarant, the rights of Declarant under these Bylaws and the rights of bona fide mortgagees of Units until the written consent of Declarant and/or such mortgagees to such amendment has been secured
My interpretation: is that we need 75% of the building to vote for quorum, and that we need a simple majority of that quorum to pass.
Buildings interpretation: 75% of the ownership of the building need to vote in an affirmative way for the amendment
Currently, we have 79% of the building who have submitted paper ballets, where 66% in favor of the amendment passing, and about 13% opposed.
Any assistance would be appreciated, if I need to further clarify or provide details please let me know.
We are voting to change an amendment to our bylaws in an expeditious fashion and I believe our board/management company is misinterpreting our bylaws for this. One thing to note, we already had our annual meeting and the vote for this issue is being conducted view mail with paper ballots and not a meeting. Here are the two relevant sections of the bylaws that answer my question:
Majority: Except as otherwise provided in the Act, the Declaration or these Bylaws, all actions taken by the Unit Owners shall require the affirmative vote of a majority of the voting power of the Association present at a meeting at which a quorum is present.
Amendments: Provisions of these Bylaws may be amended by the Unit Owners at a meeting held for such purpose by the affirmative vote of those entitled to exercise not less than seventy-five percent (75%) of the voting power, provided, however, that no amendment shall have any effect upon Declarant, the rights of Declarant under these Bylaws and the rights of bona fide mortgagees of Units until the written consent of Declarant and/or such mortgagees to such amendment has been secured
My interpretation: is that we need 75% of the building to vote for quorum, and that we need a simple majority of that quorum to pass.
Buildings interpretation: 75% of the ownership of the building need to vote in an affirmative way for the amendment
Currently, we have 79% of the building who have submitted paper ballets, where 66% in favor of the amendment passing, and about 13% opposed.
Any assistance would be appreciated, if I need to further clarify or provide details please let me know.