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In a recent response to a question on the use of email to…

In a recent response to...
In a recent response to a question on the use of email to notify HOA members when the by-laws call for "mail" and "first class mail":"Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.I'm sorry to hear about your situation. The answer to your question is no; the meeting is not legal. If the bylaws state clearly that first class mail must be the method that people are notified, and they changed the notification method without first having a valid meeting of the directors to change this process, then any decision made at that particular meeting after the email was sent can be voided out consistent with the bylaws until a new, properly-noticed meeting is made and the decisions are later ratified."The by-laws for our HOA state any amendments must have an affirmative vote of a least a majority of the total number of votes of all the members not a special meeting of the board. Please clarify. ThanksJD
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Answered in 10 minutes by:
3/19/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,787
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 3 months ago
n a recent response to a question on the use of email to notify HOA members when the by-laws call for "mail" and "first class mail":"Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here formore info) so all that means is that you can count on me to help today.I'm sorry to hear about your situation. The answer to your question is no; the meeting is not legal. If the bylaws state clearly that first class mail must be the method that people are notified, and they changed the notification method without first having a valid meeting of the directors to change this process, then any decision made at that particular meeting after the email was sent can be voided out consistent with the bylaws until a new, properly-noticed meeting is made and the decisions are later ratified."The by-laws for our HOA state any amendments must have an affirmative vote of a least a majority of the total number of votes of all the members not a special meeting of the board. Please clarify. Thanks

Thank you for your reply, but I read what you posted, you pasting it again does NOT help me to know what you want.

You copied and pasted an answer to a question, there is NO question that YOU have for us. Do not copy and paste it again, I read it the first time.

I need you to ask your specific question.

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Customer reply replied 3 months ago
The answer given indicated the notification method could be changed by a meeting of the directors to change the process. Our HOA bylaws state any amendments must have an affirmative vote of the total number of votes of all the members NOT a special meeting of the board. My request is for clarification.Thanks

Thank you for your reply.

In order to modify any bylaws, it takes more than a vote of the board, it takes a vote of the membership. The HOA law says that the bylaws govern the association, so every set of association bylaws contain a provision regarding how to amend those bylaws. If the bylaws are silent, then it takes a 2/3 vote of the members present at the meeting where proper notice was given to change the bylaws. So, if your bylaws say that there must be an affirmative vote of the total number of votes of all members, then that is the process you follow to amend your bylaws.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,787
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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