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Maine Alliance for Road Associations

Vote Required to amend Bylaws

  • 20 Apr 2024 3:46 PM
    Message # 13346025

    I am preparing draft bylaws for an anticipated first meeting we hope to notice soon.  I've seen some comments in this forum suggesting that Association bylaws include a 2/3 affirmative vote requirement for Owners to amend the bylaws, rather than a simple majority. I am wondering if others share that view. 

    The statute requires only a simply majority to repeal the Association altogether, so seems superfluous to require a 2/3 vote to amend bylaws.  If only a simple majority (but not a super majority) approved of the proposed amendment(s), they could still theoretically repeal and reconstitute the Association with the amended bylaws, no?  Thus, seems like a counterproductive requirement, but maybe I am missing something.  Thank you!

  • 21 Apr 2024 7:24 AM
    Reply # 13346118 on 13346025
    Anonymous member (Administrator)

    I can understand why you are in a quandary with different voting requirements for by-laws amendment and association dissolution.

    We voted to amend by-laws by 2/3 majority of those present and voting or absent and voting by proxy or absentee ballot. The 2/3 vote gives the outcome more substance with the membership and in court; indeed makes amendments more broad-based and therefore more equitable.  Also, once decided, the by-laws are given added stability by requiring a 2/3 vote to amend ---no changing on a whim.

    In our road association, the dissolution vote and the by-laws amendment votes would be separate votes. The majority vote to dissolve allows this most significant outcome to be readily available in all fairness.

    Last modified: 21 Apr 2024 7:49 AM | Anonymous member (Administrator)

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