|Re: Consensus and voting bylaws||<– Date –> <– Thread –>|
|From: Sharon Villines (sharonsharonvillines.com)|
|Date: Fri, 11 Jan 2013 09:11:02 -0800 (PST)|
On Jan 9, 2013, at 7:07 AM, R Philip Dowds <rpdowds [at] comcast.net> wrote: > I don't know your jurisdiction, but your state likely has enabling > legislation for condos or HOAs, and this legislation probably spells out > strict notice and voting rules for certain decisions, like Board elections or > special assessments. To stay legal, you should comply with BOTH state regs > AND your own consensus practices Agreeing with Philip, and adding: Legislation for condos in DC does not say they have to actually take a vote. It only states the minimum number of votes necessary to make certain decisions--sometimes 51% and sometimes 75%. Consensus represents a 100% positive majority vote which is recorded in minutes from organizations using parliamentary procedure as a unanimous vote. I doubt if it is necessary to state this equivalency in your bylaws but there it is. Another helpful thing our lawyer told us about the board dominance specified in condo legislation is that the Board can always delegate authority for decisions. The thing it cannot absolve itself of is the responsibility for the decision. This means if the membership makes a decision that affects the standing of the homeowner's association, the board is still responsible for that decision. This is good because the Board can be inexpensively insured against bad decisions made in good faith so Board members cannot be financially endangered personally. So when our membership makes a decision, the Board at the next meeting "ratifies" that decision. It assures the powers that be that the decision was properly and legally made and the Board stands behind it. (I doubt if "stands behind it" is legalese but Phillip would know the correct terminology. Sharon ---- Sharon Villines Takoma Village Cohousing, Washington DC http://www.takomavillage.org
Consensus and voting bylaws Willow Murphy, January 8 2013
- Re: Consensus and voting bylaws R Philip Dowds, January 9 2013
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