Results of 2023 Nov/Dec Vote

Summary

  • Propositions Passed: #2
  • Proposition Consensus not reached: #1, #3-#12
  • Despite only one proposition passing the experiment of mail-in voting was a success and can be deemed as a potential avenue for capturing votes in the future.
  • Ballots recieved: 56 (~8 by mail and ~48 via the top lot dropbox)
  • Votes "In Favor" needed to pass any proposition was 50.
  • Why 50 and not 58? 58 out of 115 would be a majority of all lot owners, but it has come to our attention recently that there was a revision to the Real Property Act of Maryland was signed into law in 2017. The revision allows HOAs the right to exclude homeowners from the total number of required votes that have been in arrears more than 90 days. Because the language in our Articles of Incorporation already speaks to requiring "a majority of the votes entitles to be cast" and homeowners in arrears are listed as one of the exceptions under Section 7, Paragraph C of the same, we are entitled to adjust the majority votes needed accoringly. Because not more than 90 days has elapsed since out 2023 call for dues and 16 out of 115 homeowners haven't paid their 2022 dues or earlier, this would set the eligable homeowners to 99 and thus a majority to 50.
    With 2 ballots being from those in arrears, those have been excluded (unfortunately) leaving elligable ballots recieved to 54.


Breakdown


Propostion 1: QuorumsConsensus Unreached

Propostion 2: Director SeatsPassed

Propostion 3: Permit Electronic VotingConsensus Unreached

Propostion 4: Board EthicsConsensus Unreached

Propostion 5: ElectionsConsensus Unreached

Propostion 6: Inegliable VotesAlready Passed

Propostion 7: Calls to Votes by HomeownersConsensus Unreached

Propostion 8: Mail-In VotingConsensus Unreached

Propostion 9: Board's Permssion to MaintainConsensus Unreached

Propostion 10: Attorney Fees to LiensConsensus Unreached

Propostion 11: Rule Update - VehiclesConsensus Unreached

Propostion 12: Rule Update - FencesConsensus Unreached


There is a chance we have misinterpreted the law or our Articles and we may be able to count the 2 votes anyway to pass the Propositions #1, #4, and #8. We will find out with legal cousel, but what stands now is our best interpretation of what's legally enforcable.