I need some help interpreting our HOA Bylaws, specifically Quorum, Voting and Majority. Below is a copy of the sections in question. An election that took place in the past was claimed to have not passed and I believe the bylaws were improperly understood and the election actually passed all the proposals. A meeting took place were I believe there were enough people in attendance and represented to have a quorum of 50 percent (44 people/proxies) of the total 87 site owners. 58 ballots were counted.
These are the ballots that were counted:
- Proposal 1 General meeting quorum requirement: YES 47 NO 10
- Proposal 2 Portable basketball nets YES 46 NO 12
- Proposal 3 On site parking of campers, trailers YES 50 NO 8
- Proposal 4 Pet allowances and responsibility YES 47 NO 11
- Proposal 5 Eliminate restriction to use Organic fertilizers only YES 50 NO 8
Bylaws pertaining to Quorum, Voting and Majority: Section 5. Quorum. The presence in person or by proxy of more than one-half (1/2) in value of the Owners qualified to vote shall constitute a quorum for holding a meeting of the members of the Association, except for voting on questions specifically required by the Condominium Documents to require a greater quorum. The written vote of any person furnished at or prior to any duly called meeting at which meeting such person is not otherwise present in person or by proxy shall be counted in determining the presence of a quorum with respect to the question upon which the vote is cast. Section 6. Voting. Votes may be cast only in person or by a writing duly signed by the designated voting representative not present at a given meeting in person or by proxy. Proxies and any written votes must be filed with the Secretary of the Association at or before the appointed time of each meeting of the members of the Association. Cumulative voting shall not be permitted. Section 7. Majority. Unless otherwise required by law or by the Condominium Documents, any action which could be authorized at a meeting of the members shall be authorized by an affirmative vote of more than fifty (50%) percent in value.
The foregoing statement and any other provision of the Master Deed or these Bylaws requiring the approval of a majority (or other stated percentage) of the members shall be construed to mean, unless otherwise specifically stated, a majority (or other stated percentage) in value of the votes cast by those qualified to vote and present in person or by proxy (or written vote, if applicable) at a given meeting of the Owners duly called and held. My question is from the above counts what items passed if any? How is Majority determined? By who showed up at meeting or against total site owners?
