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Why Update Bylaws?

Posted by Joel Kriger | Oct 21, 2014

It is a common misconception that all Bylaws are alike and that there is little need to update them.  Updating Bylaws is an opportunity to make changes that will make corporate governance run more smoothly.  When we update Bylaws that were drafted by the original developer of a community, we typically delete cumulative voting because it can unnecessarily skew election results, cause ballots to be disqualified due to owner error in completing the ballot, and make removal of a director almost impossible.  We also typically delete proxy voting since elections and votes are now conducted by secret mail ballot.  We delete nominating committee provisions and replace them with provisions authorizing the board to establish its own procedures for nominations, which allows the board to solicit nominations by mail.  This streamlines the nomination process and saves time.  Other provisions that can be added include candidate qualifications, director qualifications, term limits, limit on the number of offsite owners that can serve on the board at any one time and limiting members of the same household from serving on the board at any one time. These are just a sampling of the special provisions that can be used to tailor Bylaws for a particular association.

About the Author

Joel Kriger

Founder / Of Counsel Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...


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