We have a group of neighbors who recently moved in and are trying to start a homeoweners group, and actually want to make it mandatory. We don't want any part of something like that, but because I heard they were trying to find loop holes to be able to make it mandatory I went to the last meeting and got a copy of the by-laws that they are going to try to pass at the next meeting. 21 pages!
I am trying to write some different ones to present at the next meeting to get them passed that will tie their hands so that 1. they won't be able to make it mandatory and 2. I won't have to go to every meeting to keep track of what they are up too.
I need a translation on one of the laws they wrote. Here it is verbatium:
A majority of the total membership interest of the Group, in person or by proxy, shall constitute a quorum for the transaction of business at any meeting of the Members.
My question: Right now for them to get the group mandatory they have to have 100% approval from all the land owners in this addtion. I am reading the above by-law to mean that they will only need a majority of the interestedland owners, which could mean a majority of the votes cast, not necessairly a majority of the land owners.
Anybody have an opinion on how this reads.
Becky
The way I read this is they need a majority of members present or represented by proxy in order to conduct official business for the Group.
That wouldn't change any percentages needed for ratification. They'd still need 100% of the quorum voting in favor of the resolution in order for it to pass. Just my reading of it. I am by no means an expert in this area.
My reading is that a majority of the membership is required to make a quorum. As you probably know, a quorum is the number of people needed before any business can take place.
I am not sure what the rules are as far as how many people in a quorum have to vote, I believe you said it was unanimous. this sentence does not speak to that issue at all.
What it says to me is that if half of the owners are present (or proxy) then the group can do business.
SD
DISCLAIMER: I'm not a lawyer, nor do I play one on TV. The way I read this is that they need to get 100% of all the land owners approval in order to then pass 'rules' on a majority basis. I cannot imaging that they can arbitrarily change it so that they can impose membership in a homeowners group on those who do not want to be involved, simply on a majority vote of the neighbors. The 'rules' do not become manditory UNTIL you agree to accept the 'rules' by voting to join the association, or by purchasing a property within an existing homeowners association. I cannot imagine that they can force you to join.
A majority of the total membership interest of the Group, in person or by proxy, shall constitute a quorum for the transaction of business at any meeting of the Members.
What this means is that the group must have a majority of the members present in order to conduct business.
If you want me to look at the actual paperwork, you could fax or e-mail it to me.
I think someone already asked this, but what is their reason for wanting to start a Homeowner's Association?
I am trying to write some different ones to present at the next meeting to get them passed that will tie their hands so that 1. they won't be able to make it mandatory and 2. I won't have to go to every meeting to keep track of what they are up too.
What follows are of course suggestions.
If you present alternative Bylaws, you are in effect, validating the need for a Homeowner's Association. Don't do that. Find out the motive for the people who want this Association. What problems exist that would make a Homeowner's Association desireable? And then, armed with that information, find out what already existing services aare available from government sources such as Planning Board, Police, Water, Sewer, etc can resolve those problems.
Homeowner's Association sometimes try to resolve issues by introducing a layer of bureacracy. How many people live where you do? How long have they lived there? Go around and talk with all neighbors. Have them show up in a support of NO Homeowner's Association, if that is your goal. People that are one the fence about a Homeowner's Association may very well give more credibility to those who have lived in the area longer than most. Use that time in the neighborhood as an advantage.
But do not come there with alternate Bylaws, if you really do not want a HA. Again, doing so, just validates the need for one. Such a move could very well backfire. Organize opposition, go door to door and attend the meetings! There is strength in numbers.