A lot of talk has gone around about changing the governing documents and I think we all agree that this is something that needs to be done. The question is, do we need to also change the majority required to pass motions? Should we use a super majority or a simple majority?
A super majority is 66.67 percent of homeowners voting in the affirmative.
A simple majority is 51 percent of homeowners voting in the affirmative.
There is super majority language currently in the documents. Are you in favor of keeping it that way? We have gotten that number of votes before and some like that it is difficult to make changes here. Are you in favor of going to a simple majority? Should it be easier to get things done? Weigh in with your opinion and you can always join the conversation at the Gleneagle Google Groups page.
"A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority (over 50%)."
ReplyDelete"In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority requirement (such as a two-thirds majority). Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature."
"A supermajority is absolute if the required percentage or fraction is based on the entire membership rather than on those present and voting."
SOURCE:
http://en.wikipedia.org/wiki/Supermajority
Really encourage all to search the Internet and see examples.
My opinion for what it's worth is that the GCCA is an HOA, rather than a ‘for profit’ entity.
The original landowner/builder that authored the existing Articles and Governing Documents is, in fact a ‘for profit’ entity and of course, therefore, benefits from the ‘Super Majority’ requirement – that is exactly why the author inserted the standard which (again, my opinion) should tell us something.
Some Homeowners have expressed concerns that having the County Court strike the ‘Super Majority’ inclusion and replace same with the ‘Simple Majority’ standard may expose the Homeowners to a future risk.
My response to that concern is that the ‘Super Majority’ requirement serves to disenfranchise an entire 15% (161 Homeowners.)
Total ‘Doors’ of Association: 1029
Super Majority (66.666%) 686
Disenfranchised (15.666%) 161
Simple Majority (51.00%) 525
Two Types of Simple Majority
ReplyDelete1.simple majority of members as a whole
2. simple majority of a quorum at a meeting
Big difference!
We need both one to control doc. and the other to elect and remove Board or Committee members
warjaq
Agreed.
DeleteMy point being that the Association be governed by "Simple Majority' and that 'Super Majority' standards inserted by the original landlord/builder and currently in place, be struck - and the most cost-effective method to accomplish that for the Members is to obtain an Order from the County Court.
Yes?