NancyB Posted January 26, 2012 at 07:12 PM Report Share Posted January 26, 2012 at 07:12 PM Amending the bylaws of our condominium association requires a 3/4 vote in favour. If some members abstain, does this mean that only 3/4 of those who do vote can pass a bylaw? Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 26, 2012 at 07:16 PM Report Share Posted January 26, 2012 at 07:16 PM Absent some qualifying language it would be 3/4 of the members who were at the meeting and voted. Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 26, 2012 at 07:24 PM Report Share Posted January 26, 2012 at 07:24 PM Amending the bylaws of our condominium association requires a 3/4.Surely that's not an exact and complete quote from your bylaws.A 3/4 what? A three-fourths vote? The vote of three-fourths of the (entire) membership? The vote of three-fourths of the members present at a meeting? Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 26, 2012 at 07:56 PM Report Share Posted January 26, 2012 at 07:56 PM Maybe a waltz? Link to comment Share on other sites More sharing options...
Steven Britton Posted January 26, 2012 at 08:13 PM Report Share Posted January 26, 2012 at 08:13 PM Or a Bolero? Link to comment Share on other sites More sharing options...
NancyB Posted January 26, 2012 at 09:13 PM Author Report Share Posted January 26, 2012 at 09:13 PM Surely that's not an exact and complete quote from your bylaws.A 3/4 what? A three-fourths vote? The vote of three-fourths of the (entire) membership? The vote of three-fourths of the members present at a meeting?I inadvertently omitted the words "3/4 of the condominium owners". Somehow can't find how to edit a posting so as to make the needed correction. Link to comment Share on other sites More sharing options...
NancyB Posted January 26, 2012 at 09:15 PM Author Report Share Posted January 26, 2012 at 09:15 PM Surely that's not an exact and complete quote from your bylaws.A 3/4 what? A three-fourths vote? The vote of three-fourths of the (entire) membership? The vote of three-fourths of the members present at a meeting?Have now edited my posting. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 26, 2012 at 09:23 PM Report Share Posted January 26, 2012 at 09:23 PM I inadvertently omitted the words "3/4 of the condominium owners". Somehow can't find how to edit a posting so as to make the needed correction.Well, they're your bylaws, so what they mean must be determined by the membership. You'll find some principles of interpretation in RONR (11th Ed.) beginning on page 588. RONR's default is that the voting requirement is calculated on the number of members present and voting at a duly called meeting with a quorum present. Your language seems to have taken a different approach.However, an argument could be made that the language you have now quoted means an affirmative vote of 3/4 of (all) the owners. If you have 100 owners in the association,a minimum of 75 affirmative votes would be required to adopt an amendment to the bylaws. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 26, 2012 at 09:35 PM Report Share Posted January 26, 2012 at 09:35 PM I inadvertently omitted the words "3/4 of the condominium owners". Somehow can't find how to edit a posting so as to make the needed correction.Well, your edit still does not say 3/4 of the condominium owners; it says a 3/4 vote. The two phrasings would probably have very different interpretations.In RONR, a "3/4 vote" means at least that fraction of those present and voting. But "3/4 of the owners" could be interpreted to mean whether present or not. In the former case, abstentions would have no effect, since those abstaining are by definition not voting. But if 3/4 of all owners must vote yes, then an abstention, while not a vote, would have the same effect as a No vote.Interpretation of your bylaws is up to your society. Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 27, 2012 at 11:10 AM Report Share Posted January 27, 2012 at 11:10 AM Have now edited my posting.Please don't edit posts once they have been replied to. It makes following the thread of the discussion difficult.Think of a post that has been replied to as "approved minutes". Any corrections should be made in subsequent posts, not in the original text. Otherwise you're re-writing history. Link to comment Share on other sites More sharing options...
NancyB Posted January 31, 2012 at 01:21 AM Author Report Share Posted January 31, 2012 at 01:21 AM Well, your edit still does not say 3/4 of the condominium owners; it says a 3/4 vote. The two phrasings would probably have very different interpretations.In RONR, a "3/4 vote" means at least that fraction of those present and voting. But "3/4 of the owners" could be interpreted to mean whether present or not. In the former case, abstentions would have no effect, since those abstaining are by definition not voting. But if 3/4 of all owners must vote yes, then an abstention, while not a vote, would have the same effect as a No vote.Interpretation of your bylaws is up to your society.Thanks for the clarification. It seems that the British Columbia Strata [read Condominium] Property Act is ambiguous since it does not specify whether the 3/4 vote is to be a 3/4 vote of all owners present or not or just those present and voting. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 31, 2012 at 02:47 AM Report Share Posted January 31, 2012 at 02:47 AM It seems that the British Columbia Strata [read Condominium] Property Act is ambiguous since it does not specify whether the 3/4 vote is to be a 3/4 vote of all owners present or not or just those present and voting.Well, since this involves the interpretation of applicable law, you should consult a lawyer to settle this ambiguity. Link to comment Share on other sites More sharing options...
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