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My HOA Board sent a letter ballot to homeowners regarding a vote to increase homeowners' annual assessment dues. The instructions stated that unreturned ballots would be counted as a yes vote. I questioned the board chair and management company about this and was told the board has the authority to do this. I completely disagree. I was also told that Robert's Rules of Order were not applicable to our by-laws as they were not stated as being so in the by-laws. Additionally, the declaration of covenants for the homeowners association specifically state that the annual assessment may be increased by voting members "who are voting in person or by proxy, at a meeting duly called for this purpose" and further states that, "the association shall not be entitled to:...change the method of determining the obligations, assessments, dues or other charges which may be levied against an owner." So, essentially, neither the by-laws or covenants specifically state a letter ballot can be conducted for this business. At this point the board plans to proceed with the letter ballot and counting unreturned ballots as yes votes. What is my recourse to challenge these actions?

If present board member is up for reelection can present board change that member's title to exofficio in order to be sure the person remains on board due to being a key employee necessary for discussions and sometimes to make a quorum or would by laws need to be changed? Can board designate as a nonvoting position or would by laws need to be changed?