[ScoobyMax]

If our Bylaws state that voting rules by a majority of members (51% of homeowners) but the President says she can’t get enough participation in ballots returned to her so she advises she’s changing the vote count for a special assessment to if you don’t return ballot by mail & specifically vote NO then she’ll count a non vote as a YES. Is this legal to not follow the Bylaws as written? In Oklahoma. Thx in advance.

[BC1960]

1. This is the western North Carolina board, not Oklahoma.
2. Your question should be answered by an attorney, not random people on the internet.

[roadpony]

Originally Posted by BC1960

2. Your question should be answered by an attorney, not random people on the internet.

^^^^^^^^^
What he said.

However, one person generally can't change the By-Laws of any organization such as an HOA. The By-Laws themselves should specify requirement for changes in voting procedures.

I'd imagine if word got around that your president was considering a special assessment ($$$), people would want have input ... and quickly.

[Threestep2]

Generally a quorum is required to change by-laws. Read your covenants with a fine toothed comb.
Talk to your neighbors, reach out, get the word out.

Breach of contract and you may be able to leave the HOA.

[orca17]

I serve on an HOA board in another state. Bluntly put, if we waited for a majority of homeowners to vote for or against anything, we would never get anything done. The majority of homeowners just don't vote. We count a majority of the ballots that we receive, and whatever has the majority carries the day. It doesn't seem legal to count a non-vote as anything but a non-vote. Implying that it signifies support for anything, or counting it as such, seems like it could easily be challenged legally.

[Threestep2]

Originally Posted by orca17

I serve on an HOA board in another state. Bluntly put, if we waited for a majority of homeowners to vote for or against anything, we would never get anything done. The majority of homeowners just don't vote. We count a majority of the ballots that we receive, and whatever has the majority carries the day. It doesn't seem legal to count a non-vote as anything but a non-vote. Implying that it signifies support for anything, or counting it as such, seems like it could easily be challenged legally.

Wait for your first law suit when you go this route. But board members are covered by insurance from personal liability.