With last week’s thread on a Robert’s Rules of Order question and my condo association annual meeting coming up this week, I dug out the condo bylaws. I found this tidbit:
I read this as saying (1) that a bylaw amendment may be proposed at the owners’ meeting only if the Board of Directors allows the amendment; and (2) that the amendment requires a 2/3 vote of votes present to pass.
Item (2) is a very standard rule on bylaw amendments, so I’m not concerned about it.
Item (1) on the other hand I find highly worrisome. A quick read through the condo bylaws suggests that the BoD has practically all power, and the association as a whole has minimal power. IMO, the rule that bylaw amendments require the board’s approval means that there’s minimal check on the board’s actions.
First question: Have I correctly interpreted the bylaw?
Second question, veering more towards a poll: Is such a provision common in American condo associations?
Third question: Is there any way that this bylaw can be changed to shift some power to the owners, that doesn’t involve the board voting to limit its own power?