reb Posted September 4, 2019 at 08:10 PM Report Share Posted September 4, 2019 at 08:10 PM POA in Texas did not get formed by developer and DCC&R said developer had a choice ( If Form) Developer said not without majority votes to favor. Majority votes never formed this association. Under the name of the association, a judge ruled they were a legal association. Property Owners must respect judge decision and honor them as an association? Can bylaws be used and amended by the board only? Can the board write the bylaws and amendments to be used if not approved by majority vote? Can a Judge make a ruling that they are a legal association turn to the legal association? Would Judge ruling make an association then unapproved by majority bylaws forced? Not written in DCC&R can it be put in bylaws if with no majority vote? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 4, 2019 at 10:02 PM Report Share Posted September 4, 2019 at 10:02 PM (edited) 1 hour ago, reb said: Property Owners must respect judge decision and honor them as an association? Can a Judge make a ruling that they are a legal association turn to the legal association? Would Judge ruling make an association then unapproved by majority bylaws forced? These are legal questions and are therefore beyond the scope of RONR and this forum. Consult an attorney. 1 hour ago, reb said: Can bylaws be used and amended by the board only? Can the board write the bylaws and amendments to be used if not approved by majority vote? Not written in DCC&R can it be put in bylaws if with no majority vote? As a matter of parliamentary law, the bylaws themselves should specify the manner in which they are amended. State law and the DCC&R may also have provisions on this matter (which would be especially relevant for the adoption of the initial bylaws). In the unlikely event that all of these are silent concerning the adoption or amendment of bylaws, the rule in RONR is that bylaws are adopted (and amended) by the membership. The initial adoption requires a majority vote, and subsequent amendments (if the bylaws are silent on this subject) require a 2/3 vote with previous notice or a vote of a majority of the entire membership. To the extent that these questions also involve legal issues, consult an attorney. Edited September 4, 2019 at 10:02 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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