Question:
We have an association established back in 1973 I believe with 1320 homeowners. Our bylaws are completely outdated and need to be revised. Many of the building material and paint colors required are no longer even available without special ordering.
The issue is that this would require a quorum of 50% of homeowners to approve. Ours is an aging community and many who bought in are still the original homeowners. They are not present or active in the community any longer and attendance to meetings is fairly dismal.
Any recommendations to try to achieve the quorum or may there perhaps be others avenues we can take to achieve revision? Thank you!
Answer:
Ah, Kathleen, the age-old question, “how do we achieve quorum”.
It’s tough. It’s tough in modern communities and mature communities alike. There are a few helpful tips listed on one of our trusted management company’s blogs here: https://clarksimsonmiller.com/hoa-quorum/
In short:
1. Talk to the owners – help them understand the importance and try to convince them to attend
2. Use proxies – Many Board Members use this tool by going door to door and telling the homeowners what their vote will be, convincing the homeowner that they want the same, and having the homeowner sign off their vote to the Board Member directly. You don’t have to be a board member to have proxy votes, but it’s primarily used by those actively involved in the community.
3. Petition the Court – to have a lower proxy due to your community’s special circumstances
We also recommend that your community hire an HOA Management Company. An HOA Management Company in your area may be much more versed on the state/city laws. They can walk you through the process and help you strategize getting the best-updated bylaws created and passed. Expertise like this is fantastic but comes with a price. Just something to consider. If your current HOA Management Company isn’t helping you through this process, you may want to consider looking at a different one. Here are a few options in Virginia specifically: https://www.hoamanagement.com/state/virginia/
We wish you and your Community good luck and good health.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
