Thank you to Howard Rich for leading this effort and answering questions. Please review below and contact Howard Rich ([email protected]) should you have additional questions.
Questions + Answers:
Q. Will you be sending out a redline version of the proposed amendment ?
A. Actually No. We are proposing to replace the entire Article VII as currently written with just one paragraph as shown on the attached ballot measure
Q. Will this change in any way effect the Boards ability to raise dues ?
A. No not at all. Many years ago the State Legislature enacted laws that govern HOA dues increases.
Q. If this proposal is approved how many members yes votes will it take to make future amendments ?
A. In order to make future amendments it will require a minimum of 114 votes from our members to make any changes. We typically have 150 to 175 votes cast at our annual meetings. The majority of votes cast for or against a proposal will determine the outcome. Currently our bylaws require a minimum of 228 yes votes to approve changes. A number that is very difficult to achieve.
Q. So Section 2 of ART VII our current bylaws will also be eliminated ?
A. Yes. The current Section 2 (subject to membership approval ) allows the members to turn over all of their voting power to the 11 Board members. The likelihood of that happening is someplace between zero and none…. So we thought it best to just eliminate Section 2.
Q. I was wondering if you could provide pros and cons for voting
for this. Seeing the overreach of our city council and most government,let’s face it, I feel reticent to turn more power over to anyone. Giving a smaller group the ability to make decisions seems against better judgement. Please explain.
A. Actually if approved the proposed change would then make any future Newport Shores bylaw proposals no different than our local, county, state or federal ballot measures. Typically ballot measures are decided by a majority of votes cast, however in our case Article VII of our bylaw’s require that a MAJORITY of MEMBERS must tender yes votes in order to approve needed changes. Currently a majority of our total membership sets the bar at 228 votes. Over the last 10 years our annual voter turnout has averaged around 160 to 175 votes each year. In 2016 several proposed bylaw changes were on the ballot and out of the 195 votes submitted, 82% approved the changes. However in spite of that overwhelming approval the proposals failed to pass due to the minimum 228 vote requirement. We really need to change that! If approved, this year’s proposal will actually transfer the decision making process, not to the Board, but into the hands of our VOTING membership.
[Proposed] Second Amendment to the Bylaws of
Newport Shores Community Association Inc.
Article VII of the Bylaws of Newport Shores Community Association, Inc. is hereby amended by deleting said Article VII in its entirety, and in its place and stead substituting the following:
“ARTICLE VII AMENDMENTS
“These Bylaws may be adopted, amended or repealed by the vote or written consent of a majority of a quorum of members present in person or by proxy or written ballot at a regular or special meeting of members called for said purposes.”
Existing Language of Article VII of the Bylaws of
Newport Shores Community Association, Inc.
“Section 1. Powers of the Members. The Bylaws of this Association may be adopted, amended or repealed either at a meeting by the vote of members entitled to exercise a majority of the voting power of by the written assent of such members, with the exception that a vote of seventy-five percent (75%) of the members is required to increase the assessment beyond the maximum of on hundred dollars ($100) in any one year.
“Section 2. Powers of the Directors. The authority to adopt, repeal and amend Bylaws may, by the vote of the members, entitled to exercise a majority of the voting power, or by the written assent of such members, be delegated to the Board of Directors subject to the power of the members to adopt, amend or repeal such Bylaws, or to revoke such authority in like manner; provided, however, that the powers of the members to fix the number of directors may not be delegated to the directors. Such authority to adopt, repeal and amend Bylaws with the aforesaid exception is hereby delegated to the Board of Directors in the event that the holders of memberships entitled to exercise a majority of the voting power shall by vote or by assent in writing, adopt these Bylaws.”
If you should have Questions or Comments, please email Howard at [email protected]
DO YOUR PART TO HELP REACH 228 VOTES
IN THE FIRST 8 DAYS !