state - Hawaii
Our Condo is having it's annual meeting in 2 weeks. The Board has proposed two Bylaw Amendments. Proxies have normally been sent to owners for electing officers. We we have not had a Bylaw amendment for years.
Our Bylaws on ... amending them .. Quote...
"The proposed bylaws, rationale, and ballots for voting on any proposed bylaw shall be mailed by the board of directors to the owners at the expense of the association for vote or written consent without change within 30 days of the receipt of the petition. ...... The vote or written consent required to adopt the proposed bylaw shall not be less than sixty-five per cent of all owners"
Does that not specifically state Ballots should be used not proxies?
The Board says Proxies are right, I say a ballot is right. Ballots have the amendment right on them with a Y/N box. Very clear. A Proxy means someone else votes your vote for you. You can TELL them to vote y/n but there is NO guarantee. Owners live out-of-state and if they don't know someone who will be there... most owners check "Designate the Board will vote on your behalf".
One of the amendments gives the board unlimited power to name their own 'infractions of the rules' and to name the amount and time to pay a fine, starting at $250! Yep! It does not say a fine for "what", just an infraction. I asked for an example and they would NOT SAY!
What can I do?.... I sure prefer to not hire a lawyer? They should follow the Bylaws. The Association's attorney - on the gravy train - backs whatever they say legal or not.
Our Condo is having it's annual meeting in 2 weeks. The Board has proposed two Bylaw Amendments. Proxies have normally been sent to owners for electing officers. We we have not had a Bylaw amendment for years.
Our Bylaws on ... amending them .. Quote...
"The proposed bylaws, rationale, and ballots for voting on any proposed bylaw shall be mailed by the board of directors to the owners at the expense of the association for vote or written consent without change within 30 days of the receipt of the petition. ...... The vote or written consent required to adopt the proposed bylaw shall not be less than sixty-five per cent of all owners"
Does that not specifically state Ballots should be used not proxies?
The Board says Proxies are right, I say a ballot is right. Ballots have the amendment right on them with a Y/N box. Very clear. A Proxy means someone else votes your vote for you. You can TELL them to vote y/n but there is NO guarantee. Owners live out-of-state and if they don't know someone who will be there... most owners check "Designate the Board will vote on your behalf".
One of the amendments gives the board unlimited power to name their own 'infractions of the rules' and to name the amount and time to pay a fine, starting at $250! Yep! It does not say a fine for "what", just an infraction. I asked for an example and they would NOT SAY!
What can I do?.... I sure prefer to not hire a lawyer? They should follow the Bylaws. The Association's attorney - on the gravy train - backs whatever they say legal or not.