12-02-2008, 01:12 PM
quote:Are you sure you're not confusing a quorum of members with that of a voting majority for an amendment to CC&R's?
Originally posted by leilaniloo
Also not to confuse the matter....did you know that many CC&R's have language that state that to amend the bylaws it takes a majority vote of 10% of the owners? NOT A MAJORITY VOTE OF ALL MEMBERS. BUT JUST 10%. And it can be done via mail in ballot. So if a subdivison had 1000 parcels it would take 51 people to vote in a change. (10% of 1000 is 100 and 51 is the majority.)
Most CC&R's I've read state that a quorum exist with 10% or more of the voting membership. But an amendment to the by-laws or CC&Rs requires 50% plus 1. Some state that CC&R changes require a minimum vote of 50%+1 for amendment, while others say a majority of voters so long as 50%+1 cast votes. So in a 1,000 lot subdivision, 100 vote presence is required for a quorum. For a CC&R change it may be 501 votes if by 50%+1 for passage, or 251 votes if a majority of the 50%+1 for passage.