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Guest jonigonzalez@mac.com

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Guest jonigonzalez@mac.com

We have had a an assocation since 1955. Right now our by-laws written in the 90's are out dated. We have 18 people on the board of directors. Our by-laws say 6-9 people. We are in process of updating. We made a petetion to fight the density of a development that will butt up to our neighborhood. We had a vote of yes to do petition with 1 no. Can we still run the petiton legally with this vote? Also the board was asked to vote to spend funds to pay for attorney to give us strategy, that vote was all yes with 1 no. There are about 100 memebrs. Do we need to get a member vote as well to legally spend (small amount) of funds? Help please need advise to proceed legally. JB

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13 minutes ago, Guest jonigonzalez@mac.com said:

We have 18 people on the board of directors. Our by-laws say 6-9 people.

In this event, the composition of your board as it currently stands is in violation of your bylaws. You'll need to remove nine people from the board to be in compliance with your bylaws. If and when the bylaws are amended to provide for a board of 18, then you could bring them back.

13 minutes ago, Guest jonigonzalez@mac.com said:

We made a petetion to fight the density of a development that will butt up to our neighborhood. We had a vote of yes to do petition with 1 no. Can we still run the petiton legally with this vote?

Generally, a majority vote is sufficient to adopt a motion.

13 minutes ago, Guest jonigonzalez@mac.com said:

Also the board was asked to vote to spend funds to pay for attorney to give us strategy, that vote was all yes with 1 no

Again, generally, a majority vote is sufficient to adopt a motion.

13 minutes ago, Guest jonigonzalez@mac.com said:

There are about 100 memebrs. Do we need to get a member vote as well to legally spend (small amount) of funds?

The bylaws should specify the authority granted to the board. It is very possible that the board is authorized to take the actions in question in the name of the society.

Amending the bylaws, however, will almost certainly require a vote of the membership.

Also, since you have repeatedly used the word "legally," I would note that all of the above is parliamentary advice, not legal advice. If you want legal advice, you need a lawyer.

Edited by Josh Martin
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