written consent and changing a 'vote'?

[Noelgroup]

Greetings Ye Wise Forum moderators and viewers!

(and let's see who's working over the weekend.........)

Our condo Board (yes we have adopted RONR) recently sent out 'a survey' asking three questions about pets and rental policies - to ascertain whether there was enough support or reason to call a Special Meeting to adopt suggested changes to the Bylaws. (Yes I know that would be the point of a Special Meeting to hear, share and discuss stuff like this but this BOD doesn't encourage (or allow) meetings for that purpose!)

The 'deadline' for survey returns passed last week and both major questions failed to get the 67% needed. But the Rental increase question/response came close with 58% yes and 13 who did not vote at all (out of a total of 65 eligible).

(And the BOD set out the survey form so that members had to sign the bottom with signature and their details etc.)

My 2 part question is this.

Am I correct in viewing these signed 'survey responses' as 'written consent' which count the same as a vote (as set out in our Bylaws) and therefore would we, as an Association, now have 15 days (as set out in our Bylaws) to continue to solicit and gather more responses or 'votes' to see if we can make the 67%?

And then would these 'written consent' responses to the question count as a formal vote and therefore not require yet another ballot at another meeting asking the same question etc.?

That is how we have interpreted our Bylaws about 'consent', and are poised to go out in force next week to gather changed and new 'votes' to be within the 15 days - but are we correct? We have a groundswell of support as many now feel that the BOD have 'squashed' all attempts for change in the past and would not be able to ignore the majority this time.

Thank Ye!

[J. J.]

My 2 part question is this.

Am I correct in viewing these signed 'survey responses' as 'written consent' which count the same as a vote (as set out in our Bylaws) and therefore would we, as an Association, now have 15 days (as set out in our Bylaws) to continue to solicit and gather more responses or 'votes' to see if we can make the 67%?

No. RONR does not mention "written consent."

[Noelgroup]

Thanks JJ - I had looked but didn't see it. And I know this is not a question then for this Forum - as RONR does not refer to it. But where did we get this section for our Bylaws then? Maybe state law..... I'll have to investigate further.

Many Thanks

[David A Foulkes]

.... but this BOD doesn't encourage (or allow) [special] meetings...

The bylaws must authorize Special Meetings, and should note who can call them (President, Board, percentage of membership) and required notice. If such a section exists in your bylaws, the BOD can't prevent the calling of such meetings if the procedural details are followed. Check your bylaws.

As for the survey, to "become the act or choice of the body, a proposition must be adopted...by...the membership present and voting on the particular matter, in a regular or properly called meeting..." (excerpted from RONR 10th Ed., p. 4 l. 5-12, emphasis added) This survey has the earmarks of a straw poll, which is not allowed by RONR. If the bylaws permit the calling of a Special Meeting by (a percentage of) the membership, and you can follow those procedures, the BOD should not be permitted to disallow it. But this requires an understanding and (possibly) interpretation of your bylaws, which is beyond the scope of this forum.

[J. J.]

Perhaps the best question is what does the bylaws say about calling special meetings.

[Tim Wynn]

Ye are not in accord with parliamentary law or RONR in your jolly quest to conjure a signed scroll into a legally cast vote.