Amendments To Bylaws Of A Homeowners Association
Virginia
HOA was established in 1996 and per legal counsel amendments to the bylaws required a majority vote of all members in good standing. In 1999 the BOD submitted for vote a change in voting requirements to a majority to pass a vote, but no quorum. I objected when this was approved as the no quorum rule was used to pass the vote not the quorum requirement (51%) that existed at the time.
Issues have recently arisen as to practices of the current BOD. They have retained legal counsel and in reading the bylaws he has suggested the voting requirements are not consistent with the statute. He has suggested to the board that the articles of incorporation need to be amended to give the board broader authority and to correct the voting requirements.
My question is that if the original bylaws were consistent with the satute and an amendment was submitted by the BOD that was inconsistent with the statute, could the HOA simply fall back to the voting requirements as they existed in the original bylaws?
Re: Amendments To Bylaws Of A Homeowners Association
If the bylaws are inconsistent with state law, you should expect that state law will govern.