Changing Bylaws
Regarding changing our bylaws, our bylaws say this:
“These Bylaws may be amended by a majority vote of the Members then eligible to vote WHO ARE PRESENT at any duly called regular or special meeting of the Members.”
Some are arguing that this means that, if we have, say, a 100 member community, but only 10 show up at the special meeting, then it would only take the majority of THOSE 10 (meaning 6) to change our bylaws?
That doesn’t see right nor fair that just 6 people could change the bylaws for a 100 member community.
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Arizona law requires that all members be allowed to cast votes in person and by absentee ballot. Both votes combine to satisfy the quorum requirements for a meeting of the members and if only 2 people show up at the meeting and 100 people send in absentee ballots and a quorum is satisfied by that participation, the majority of all those votes decides the issue. No matter what your Bylaws say the state law prevails in this case.
Dennis
Ahhhhh,…. gotchya.
Thanks!