Cohousing-L Mailing List: Re: Consensus and Bylaws

[Sharon Villines (sharon]

> On Feb 28, 2023, at 6:24 PM, Leslie Hassberg <leslie.hassberg [at] 
> daybreakcohousing.org> wrote:
> 
> Does your cohousing community address consensus in its bylaws?  If you are a 
> condo, do you have a back-up decision-making process to ensure compliance 
> with state condo laws?

One thing to be aware of is that your state may have a law about majority 
voting that will be in effect unless otherwise stated in your Bylaws. So 
definitely this is a Bylaws level policy.

Consensus decision-making is a form of majority vote, a 100% majority vote. If 
the law gives a specific majority — 75%, for example — 100% is higher than 75% 
so the 75% requirement is met.

This is easy to forget when you are hot into the debate over consensus vs 
majority vote. The question is the size of the majority, so to speak. The 
answer to the question “Did the majority vote in favor?” is yes.

We are in the process of revising our Bylaws so the version below isn’t the 
word-for-word version we wrote in 1999-2000 but I think this will be approved 
with one exception. Our lawyer doesn’t like our Class 1 and Class 2 decisions. 
Class 1 decisions involve financial obligations on the part of Owners. Class 2 
decisions include Associate Members: roommates, leasees, partners, and adult 
children who are participating residents. They can participate in all decisions 
but can only object to Class 2 decisions.

We’ve never had problems but this definition is vague. In a sense, all 
decisions in cohousing can affect the financial position of the owner. Naked 
sprinkler parties on the lawn, for example, may involve no money, but could 
definitely result in civic fines and lowered property values. So the classes 
may not stand if we can figure something else out. The commitment is to equal 
participation by all residents.

The wording below on backup voting is new. We have always had a majority vote 
backup but have never used it. In some instances, we have used forms of 
preference voting and found them to be very helpful. Even the current edition 
of Robert’s Rules of Order Revised states that preference voting is more 
representative of the will of the voters than majority vote. Instant Run-Off is 
the version that is generally preferred in groups using this method.

Proxies are required by the Condominium Act. In preference voting, paper 
ballots are used so proxies wouldn’t be necessary — the ballots could be 
distributed outside a meeting. “Community Rules” is the standard phrase in the 
Condo law for any policies, guidelines, etc, below the bylaws level. We allow 
one vote per unit regardless of the size of the unit or the number of owners of 
each unit.

Otherwise here are the decision-making sections of our proposed revised Bylaws:

4.4.2.  Participation in Decision-Making.

All Members may participate in the decision-making process for Class 1 and 
Class 2 decisions as defined in §4.3.6. Quorum but only Unit Owners may 
determine the final result in Class 1 decisions.

4.4.3.  Consensus Decision-Making Process.

Consensus is the basis on which decisions are made in the Association. The 
Association will adopt policies and procedures for reaching a consensus to be 
specified in the Community  Rules. 

4.4.4.  Proposal to Use Back-up Voting.
   
Decision-making by voting is the last resort and a serious departure from the 
consensus process. It should be a rare occurrence and will not replace the 
Association’s commitment to consensus decision-making in all other decisions.

If the Membership cannot reach a consensus on a Class 1 or Class 2 Decision, in 
addition to any other methods specified in the Community Rules:

(a)  The Members present may decide by consensus to table or set aside the 
decision for another meeting.

(b)  An individual Member may propose making the decision by voting as 
specified in §4.4.5. Back-up Voting Method.

Once a proposal to vote is made as specified in the Community Rules, the Board 
will place the decision to use a Back-up Voting Method on the agenda of the 
next regularly scheduled Meeting or a Special Meeting of the Association and 
notify the Members as required by §12. Notices to Members of the Association.

4.4.5.  Back-up Voting Method.

When a decision has been made to make a specific decision using a method other 
than consensus, the Board or its designee will implement a method of preference 
voting to determine the final decision.

Unless otherwise specified in the Community Rules, the Ranked Choice Voting 
(RCV) method will be used for preference voting following the standards 
recommended by The Ranked Choice Voting Resource Center (RCVRC) or a similar 
nonpartisan 501(c)(3) nonprofit organization. Alternatives will include at 
least three options including “none of the above,” a write-in option, or as 
otherwise specified in the Community Rules.

The Association may specify the use of other methods of preference voting in 
the Community Rules along with the appropriate requirements for verifying 
ballots, the treatment of blank or partial ballots, and the methods of 
tabulation.

4.4.6.  Allocation of Votes.

If consensus cannot be reached and voting is required, each Unit will be 
allocated one equal vote. Since a Unit may have more than one Owner, the vote 
will be divided by the number of Owners of that Unit who are present and voting 
in person or by proxy and recorded as fractions. The total number of votes will 
be limited to the number of Units.

4.4.7.  Ballots.

Unless otherwise specified in the Community Rules, ballots will be prepared and 
distributed by the Secretary, and there will be one ballot per Unit printed 
with the Unit number.

Ballots will be verified and counted by the Board President and Treasurer or 
their designees and will be available for inspection by Members.

When used to determine the final decision, the size of the majority will be a 
simple majority of more than fifty percent (50%) of those present and voting 
unless otherwise required by the Condominium Act, the Declaration, these 
Bylaws, or the Community Rules.

4.4.8.  Proxies.

Only when backup voting is used, a vote or fraction thereof may be cast under a 
proxy or proxies duly executed by or on behalf of the Owner entitled to cast 
that vote or fraction thereof.

To be valid, a proxy must be:

(a)  Written.
(b)  Dated.
(c)  Signed by or on behalf of all Owners of the Unit.
(d) Filed by the time of the meeting with the Secretary, or in the Secretary's 
absence, the facilitator of the relevant meeting. (e) May not purport to be 
revocable without notice.
(f)   Be witnessed by a person who shall sign their full name and address.

Revocation of a proxy is not binding on the Association unless actual notice of 
the revocation is received by the person presiding over the meeting and signed 
by the voter or the person entitled to execute a conveyance of real property 
interests on behalf of the voter.

A proxy will terminate automatically upon the adjournment of the first meeting 
held on or after the date of the proxy or at such time as may be both 
authorized by the Community Rules and specified on the face of the proxy.

A quorum may not be satisfied by a proxy. 

Sharon
----
Sharon Villines
Takoma Village Cohousing, Washington DC
http://www.takomavillage.org