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Amending Governing Documents Part II – How?

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In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the membership.

START EARLY:

Work with the association’s counsel to craft the language appropriate for the amendments well before you plan to present it to the membership formally.

GET BUY IN:

Prior to formally sending the proposed amendments to the membership, circulate the language to the membership informally. Tell the membership what the board is trying to accomplish with the amendments. Ask for any comments or questions, and possibly hold a Q&A session regarding the proposed amendments.

SET THE MEETING OUT:

Setting the meeting where the amendments will be considered out several months in advance will give you time to collect votes prior to the meeting date.

USE TECHNOLOGY:

The community association acts allow for use of online voting systems such as www.BeckerBallot.com. Take advantage of this technology to enhance participation in the voting process.

CONTINUE THE MEETING:

Discuss with the association’s counsel how to properly adjourn the meeting to a later date, time and location and continue the membership meeting if you have not reached the threshold on the day of the meeting. The proxies are good for up to 90 days, so you don’t want to have to start from scratch if you don’t have to.

FOLLOW UP:

If you are able to properly continue the membership meeting, reach out to those members who have not turned in a vote and encourage them to do so.

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