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1/31/2022 1:58:36 PM
 
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Section 5: OPA Board Subject: Signs of the Times Msg# 1151204
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From my other post:
The HOA Act provision you rely on deals with max number of votes required to change the bylaws by the membership. It does not state only the membership can change the bylaws. It also says the 60% of whatever applies unless the bylaws provide a lower number, as I recall. Since the Charter is higher in the hierarchy of OPA governing documents, short of a specific applicable court case, I will maintain the board can take control of the bylaws via the Charter. Perhaps the board will do so and you will then have the opportunity to litigate the issue as you apparently threaten to do if that takes place.
Meantime, as a practical matter, the board is not going to try and take control of the bylaws via the Charter. |
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For reference, the above message is a reply to a message where: Ok, my point is simple: I DO NOT THINK THE OPA HAS THE AUTHORITY TO MAKE CHANGES TO THE BYLAWS without putting it out for the membership to vote on. And I disagree with your (and that committee) opinion that the Corporation law article gives them that authority due to the conflict with the MD HOA act. I do not think I can be any plainer than this. I think the OPA should check this out and get a legal opinion before proceeding and before it costs the membership MONEY. Paying for an attorney opinion would be cheaper than defending their actions in court (AS THEY HAVE RECENTLY DISCOVERED) . I think the members should also check this out before simply accepting what they read, here or anywhere else. If it were me, not knowing WHICH attorney to trust, I might draft this in a letter request to the State Attorney General's office asking for their opinion. It would take more time, but ...... PERHAPS SENDING THAT REQUEST THRU THE OFFICE OF ONE OF OUR ELECTED REPRESENTATIVES M IGHT GET MORE ATTENTION. That is what I think. |
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