The following is a checklist to help you to determine if some amendments to your bylaws may be necessary or desirable.
- Do your bylaws specify a specific date or month when your annual meeting is to be held?
If so, think about amending to allow for greater flexibility
- Do your board members only serve for one year so there is the possibility of a completely new board each year?
If so, think about amending to provide for two-year or three-year board terms, with the terms staggered so that only part of the board is up for election each year. This structure provides for greater stability and consistency on the board.
- Do you have a difficult time reaching quorum at owner meetings?
If so, consider amending to lower the quorum requirement.
- Do your bylaws contain clear and adequate director qualification provisions?
Some options to consider are to require that all directors must be owners, must be current in payment of assessments, and not otherwise in violation of the association’s covenants or rules.
- Is your notice provision compliant with state law, such as requiring 10 to 50 days written notice of owners meetings and requiring physical posting of the meeting notice in the community prior to the meeting?
If not, the bylaws should be amended to comply with state law.
- Do your bylaws require secret ballots for the election of directors?
If so, consider amending this provision to only require secret ballots for contested elections…
