Expert: Ahmed Salami - 11/5/2004

Question
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Followup To
Question -
Dear Ahmed,
I need your help. Our Association ByLaws and/or Covenants rules state that we must have the approval of "at least 75 %" of the total voting
power of the membership in order to pass an amendment. We have fourteen (14) total members eligible to vote.

My first simple question is: How many affirmative votes of the fourteen (14) member votes are required to pass this measure?

Next: Is it legal and proper to "round off" (up or down) to the nearest whole number? For Example: 75 % of 14 is 10.5. Since the nearest whole number is both 10 and 11, which would be the right whole number to use; if rounding off is permissible?

My contention is that 10 affirmative votes constitutes only 71.4%, which is insufficient for passage, since the rule calls for AT LEAST 75%.
Others contend that 10 affirmative votes are sufficient because 10.5 should be rounded off to 10. They say that to round off to 11 would require at least 10.55.

I am a mechanical engineer and the "others" are school teachers.

Thank you for your learned opinion. Your help would be greatly appreciated.

Don Hofschulte

Answer -
Hello Don,
To pass the measure, more than half of the total members of the association should be in favour. That gives us at least 8 people(note that the 75% approval stuff doesn't come in yet here).
As for the second question, i think you have said it all.
75% of 14 is 10.5, so at least 10.5 votes are needed and 10 doesn't fall into this category because it is smaller. 11 is the first and lowest number to satisfy the condition. So its not really about rounding off but just considering the contents of the statement.
I hope i have been of help.
You can always get back to me.
Regards.

Dear Ahmed,
I think I have these folks convinced regarding the above, but now they want to put a question to a vote (by paper ballot) by the members of the organization, and insert a caveat on the ballot telling them if they do not return the ballot their vote would be counted as a yes vote. Is that legal?
It seems to me that a member is entitled to abstain and no one else should have the right to vote for them - it happens all the time in the US Senate.
Thanks for your help,
Don  

Answer
Hi Don,
I don't think that is legal at all. Like you said, every member is entitled to abstain and no one else should have the right to vote for them.
Just to add, what they are implying is more like saying "return your ballot if you want to say no, otherwise you mean yes" which doesn't really show support or desire for the cause.
I'm not into law but i still hope i have said something.
I hope your work is going on well. If you don't mind, i'll like to know about it.
Regards.