Cohousing-L Mailing List: Re: Quorum

[Elizabeth Magill (pastorlizm]

Ha!! I never thought of "yes only" proxies. What a brilliant idea. Before this 
I'd have said no proxies as my preference. 



-liz 508-450-0431
Sent from my iPhone


On May 13, 2013, at 12:14 PM, "Mabel Liang" <mabel [at] twomeeps.com> wrote:

> 
> Hi!
> 
> While Phil is correct that we are trying to escape proxies, there are some
> in the community who are rather upset with this idea.  And there are those
> who are unhappy with the quorum of 14 - most of those prefer something
> higher.   So this is not a done deal.
> 
> We are currentlky in a period where we have been using an experimental
> process with a quorum of 14 and no proxies.
> 
> Our _recorded_ process, and the one that we must use right now to change
> our decision-making process
> 
> 1) has a quorun of 2/3, or 22 of our 32 households.
> 2) when we are trying for unanimity, only allows proxies to be in favor of
> a proposal.  In other words, you cannot block by proxy
> 3) allows proxies to be "no" or "use your judgement for me" if we actually
> go to any kind of majority vote
> 
> Memories differ - we have gone to the majority vote method either 1 or 0
> times in our history of development (started in 1993) and living here
> (first move-ins were November 2001).
> 
> To amend our bylaws we need 75% by percentage interest to sign a document
> which will be recorded.  In the past we have first reached consensus, then
> collected signatures.  I'm not sure if the 75% is a state requirement for
> condo associations - if it's something that we can change or not.  I _am_
> under the impression that certain things are required to be done by
> percentage interest, rather tahn by household.
> 
> -- Mabel :-)
> 
> Mabel Liang
> mabel [at] twomeeps.com
> Software Engineer turned Gardener
> Cornerstone Village Cohousing
> Cambridge, MA
> 
> On Mon, May 13, 2013 10:11 am, R Philip Dowds wrote:
>> 
>> Useful information; thank you.
>> 
>> At our 32 unit urban coho, at any point in time, we find that some portion
>> of the units are occupied by tenants, or that some owners are away in
>> extended travel, or that the unit is vacant and on the market.  We chose
>> the number 14 units as minimum because it seemed like about half of all
>> the units that might reasonably be expected to participate.
>> 
>> We are trying to escape proxies in order to encourage more face-to-face
>> interaction, and to benefit from the flexibility of being able to amend
>> proposals on the spot, rather than re-issue them to another meeting
>> because of an amendment.  Our interpretation is that proxies are good only
>> for the exact proposal as published prior to the meeting, and are void if
>> the proposal is changed on the fly.
>> 
>> RPD
>> 
>> Sent from my iPad
>> 
>> On May 12, 2013, at 11:58 AM, David Clements and Evan Richardson
>> <evdavwes [at] aol.com> wrote:
>> 
>>> 
>>> Our Quorum (at Westwood Cohousing) is a majority of households (owners).
>>>  We have 24 owners, so 13 owners must be present in person or by proxy
>>> for decisions to be made.
>>> 
>>> 
>>> To amend the declaration (similar to your CC&R) requires 75% of the
>>> owners present at a legitimate meeting.  So, 10 members voting yes (in
>>> person or by proxy)  out of 13 present (in person or by proxy).
>>> 
>>> 
>>> To amend our bylaws we require consensus in a legitimate meeting (ie 13
>>> members present in person or by proxy).  If consensus fails, 75% vote is
>>> the alternative (ie, 10 members (in person or by proxy) out of 13
>>> members present (in person or by proxy).
>>> 
>>> 
>>> I stress the proxy because that is the standard way Homeowners
>>> Associations (HOA) make sure there are enough members at a meeting to
>>> make decisions.  Proxies are especially important if there are owners
>>> who do not live in the community or who choose not to participate.
>>> 
>>> 
>>> Proxies can be just for the purpose of establishing a quorum or for
>>> votes for or against a measure.  In North Carolina's "standard" proxy,
>>> an owner will give another person the authority to vote on their behalf,
>>> and is valid for 11 months ( ref
>>> http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_55a.html
>>> ).  The proxy can direct the other person to vote in a particular way,
>>> but does not need to.   HOA's are free to establish other rules for
>>> proxies (such rules would be found in the bylaws-- for example, not
>>> allowing proxies at all, or allowing proxies only to establish a quorum,
>>> or requiring that the Board "vote" all proxies).   Our HOA has
>>> established no rules for proxies, so the NC law requires us to honor all
>>> proxies that conform to the "standard" rules.  (I note that some of our
>>> members think that we shouldn't allow proxies or should allow them only
>>> for quorum, not for voting.   However, this has never been brought up or
>>> decided in our communi
>> ty
>>> )
>>> 
>>> 
>>> In North Carolina, the "standard" quorum for HOA member meetings is 10%
>>> of members (ref
>>> http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47f.html
>>> ).  HOA's are free to  choose any other quorum (by specifying this in
>>> the bylaws).    The "standard" is in no way a "best practice," but is
>>> the default if nothing different is specified.
>>> 
>>> 
>>> One suggestion for amending the bylaws in minor ways would be assemble a
>>> collection of minor proposed changes and have a special meeting, for
>>> which proxies are solicited.  Those who might otherwise hesitate to give
>>> someone else the right to vote on their behalf might be willing to give
>>> a proxy for this one item.
>>> 
>>> 
>>> Disclaimer:  I am not a lawyer, but have researched what the rules are
>>> in NC.  Other states may be different.
>>> 
>>> 
>>> David Clements
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