Bylaws Revision - document for meeting to vote

[Lauriemcg]

We are a small HOA, who have been working the past 7 or 8 months on revisions to the original bylaws which had several inconsistencies, errors and omissions.  We formed a bylaws committee, sought input (no one from the membership ever showed up or contacted the committee) from the members and in December provided the draft of the changes to the membership (mailing included the draft, cover letter with explanation, and plan for accepting in February) again asking for comments, concerns, suggestions.  No feedback from the membership.

 

That draft included the new version of each article and section, each section followed by text with a box around it of the original version of that section, followed by a brief summary of the change made.  We were keen on making sure that all information was available to the members as to what was changed and why.

 

We followed up at the Annual Membership meeting in January with some time set aside for questions regarding the Bylaws. No questions again from the attending membership. (ok, we barely met quorum so it was a sparsely attended meeting.)

 

We got authorization from the membership to seek legal advice on some questions we had regarding the bylaws.  That done, we sent out a follow up mailing to the membership to supplement the previous document sent out showing any additional changes to that draft of the bylaws recommended and accepted by the committee to the revisions.

 

Our goal is to have had all the discussions out in the open prior to the approval meeting so as to be able to approve the bylaws in their entirety, rather then section by section. Tho we understand that is a possibility should a member request they be approved section by section (i know there is a term for this by it is not coming to mind at the moment).

 

We did not mail out the bylaws in their entirety again without the changed sections (in essence a copy of the bylaws as revised) as that additional cost in printing and mailing would be tough on our budget.  Hoping we can send out the final approved version with those dollars.

 

Anyway.  We set a special meeting for this Saturday for the purpose of approving the bylaws as they were sent out and including the changes recommended by the lawyer.  At that meeting we will have copies available to members without all the old text should someone want to use them at the meeting.

 

Now, a week before the meeting, one of the members has returned the bylaws with some suggestions and questions. Because we have sent out notice referencing the version of changes to be voted on, I'm thinking this person would need to attend the meeting and request those changes as motions to amend the section he references.  Is that correct?

 

I'm just wanting to make sure we are not missing a step, or overlooking something that might throw a curve or derail the process on Saturday.

 

Thanks - this has been a bit lengthy (in actual process as well as this description). I do appreciate your thoughts as we prepare for our meeting Saturday.

 

Thanks

Laurie (Pres of the HOA)

[Dan Honemann]

At your meeting on Saturday, the proposed revision should be considered seriatim (see RONR, 11th ed., pp. 276-80, for details). This does not involve approval of the revision section by section; it involves opening the different sections to debate and amendment one at time, and then taking a single vote on the proposed revision (possibly as then amended). Any member can attend the meeting and make motions to amend any section he wishes to amend.

 

Make sure that you have complied with the provisions in your current bylaws concerning their amendment.

[jstackpo]

See also p. 592ff.

[Lauriemcg]

Thank-you both. And now having my new RRNR book in hand I reviewed those sections recommended.  It will be very helpful.  Thanks!