Voting on Unwritten Bylaw Amendment Language

[bgerdin]

During my homeowner's association meeting this past summer, a the idea of making a change to our bi-laws was brought to the floor and passed by voice vote among the present members. This resolution gave the board authority to pursue the change and present a formal, written ballot to all homeowners in the association to accept the changes.

 

I received this ballot this week, and came to learn that the amendment language has not yet been written. The ballot only addresses the change in very general terms. I inquired on the language and one of the board members sent me the following message on this vote, "The detailed amendment language will be written by our legal team after receipt of the written ballots."

 

Obviously, I an greatly concerned about voting on bi-law language changes that have not been written, much less presented to the members.

 

What action can I take to have this vote delayed until the language is finalized and can be presented to all members? Would it even be legal for this language to be adopted without being shown to members?

[jstackpo]

Is this (strange) way of doing amendments actually authorized in your bylaws? If so, you are stuck.

If not, start agitating with your neighbors and be sure to vote "No".

And hope the HOA administration plays fair.

Or (if you are in a position to afford the presumed fees) contact a lawyer who knows his way around the HOA laws in your state.

[Josh Martin]

What action can I take to have this vote delayed until the language is finalized and can be presented to all members? Would it even be legal for this language to be adopted without being shown to members?

 

We don't do "legal" here, but so far as RONR is concerned, a motion to amend the bylaws certainly must have the actual language at the time it is voted on, so the members know what they are voting on.

 

If the ballots are already sent out, I don't see how you can possibly delay the vote. At the next meeting, however, when the results are announced, you can raise a Point of Order that the results of the vote are not valid, followed by an Appeal if necessary.

[Richard Brown]

Agreeing with  Dr. Stackpole and Josh Martin, I shudder at the thought of any group being asked to vote on a bylaw amendment (or any other motion!) that has not yet been drafted.... but especially at a bylaw amendment.  Besides raising a point of order if "the powers that be" try to push this through, you should have several other members ready to stand up and agree with you and to vote to reverse the decision of the chair if he rules that your point of order is not well taken.   Trying to convince the Board of this before the meeting, rather than at the meeting, might prove successful if they are reasonable people.  If you have to do it at a meeting, follow the procedure Josh Martin suggested. 

 

Unless your bylaws provide otherwise (and I doubt that they do), members have the right to be advised of and to vote on the exact wording of the amendment.  RONR 11th edition, pages 592 - 599, but especially page 596 lines 9 - 31.