Hoa, are members not allowed vote because of late dues included in the count for a majority vote

[Guest Guest]

Hello, we are voting on amending the by laws. There are 7 members of the Hoa who, by declarations, are not allowed to vote because they are delinquent in dues. We have 52 owners. Is a majority vote or a 2/3 vote still 27 or 35 or reduced by the 7 who cannot vote and now 23 and 29. Hope the question is clear. Thanks.

[DrEntropy]

The vote requirement for amending the bylaws is usually spelled out in the bylaws, and the answer to your question will depend on what they say.  In the "usual" case the basis for counting the vote is the number (of eligible voters) that voted and not the number of members (delinquent or otherwise).  But bylaw amendment clauses are all over the place in my experience.  See also http://www.robertsrules.com/faq.html#6 and maybe a few others there might apply.  

[Josh Martin]

Hello, we are voting on amending the by laws. There are 7 members of the Hoa who, by declarations, are not allowed to vote because they are delinquent in dues. We have 52 owners. Is a majority vote or a 2/3 vote still 27 or 35 or reduced by the 7 who cannot vote and now 23 and 29. Hope the question is clear. Thanks.

 

It's hard to give a specific answer based on the facts provided. Unless you have very unusual bylaws, however, the members who cannot vote will certainly not affect the result... although I would note that members who are delinquent in their dues can still vote unless your bylaws specifically provide otherwise.

[Guest Guest]

Hi, Ted again from 1st post. Members in arrears cannot vote based on by-laws. Still wondering if a 2/3 vote of the membership includes just members who can vote or all members. Thanks again for the help, Ted. As I am sure you know, carefree condo living can be quite an adventure.!

[Josh Martin]

Still wondering if a 2/3 vote of the membership includes just members who can vote or all members.

 

Even if the bylaws require a 2/3 vote of the entire membership, that would not include members who are not eligible to vote.

 

"A member of an assembly, in the parliamentary sense, as mentioned above, is a person entitled to full participation in its proceedings, that is, as explained in 3 and 4, the right to attend meetings, to make motions, to speak in debate, and to vote." (RONR, 11th ed., pg. 3)

[Guest Ted]

Thanks Josh, exactly what I needed to know, ted