Do you remember these?
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Or these, once dreaded word problems, that got more complicated after this 5th Grade example?
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An owner shall be deemed to be in
good standing and entitled to vote at any meeting or at any special meeting of
the Unit Owners’ Association if, and only if, he shall fully paid all
assessments made or levied and due against him and his Condominium Unit by the
Board of Directors as hereinafter provided, together with all interest, costs,
attorney’s fees, penalties and other expenses, if any, properly chargeable to
him and against his Condominium Unit, at least three (3) days prior to the date
fixed for such annual or special meeting.
It has been disclosed that 6 unit owners are making timed payments on the Roof Special Assessments.
At the Annual Meeting held in January, two items up for a vote involved changes to the Bylaws. The Board of Directors declared that the proposed items passed with the needed 51% vote of the Unit Owners. One of those proposed changes to the bylaws concerned Notice, eliminating the requirement for certified mail, however, NH RSA 356-B:37-a, as shown below, trumps the bylaws, negating the need for 'change to the bylaws'. The other item slated to be changed was Article III, Board of Directors, Section 1, Powers and Duties, Subsection g, changing audit to review.
356-B:37-a Notice to Unit Owners. – An association shall deliver any notice required to be given by the association under this chapter to any mailing or electronic mail address a unit owner designates. If the unit owner does not designate an address, the association shall deliver notices by hand delivery, United States mail postage paid, or commercially reasonable delivery service to the mailing address of each unit.
Source. 2016, 311:2, eff. Aug. 1, 2016.356-B:6-a Applicability of Chapter. –
I. In the event of a conflict between the declaration or bylaws, the provisions of RSA 356-B shall control.
Question: If a vote of 51% (majority of unit owners) is required to approve a bylaw amendment, then did these 2 proposed amendments pass?
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- 24 Unit Owners with 20.8% in arrears with no payment plan (5 people not eligible to vote)
- 6 Unit Owners made payment plans (6 people not eligible to vote)
- 24 votes available
- 2 proxies not allowed
24-5 = 19
19-6 = 13
13-2 = 11 👀😮
- 51% majority vote is needed
24x51% = 12.24 or 13 votes needed
SHOW YOUR WORK!
WHERE IS THE 2015 AUDIT? WHERE IS THE 2016 AUDIT?
AND THERE WILL BE A 2017 AUDIT!
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