Legal Question in Real Estate Law in Georgia

Would you be able to tell me what this means in terms we can understand? This is taken from a section within our By-Laws regarding ballots.

Approval by written ballot of an action shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting held to authorize such action and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. All solicitations for votes by written ballot shall indicate the number of responses needed to meet the quorum requirements; state the percentage of approvals necessary to approve each matter other than election of directors; and specify the time by which a ballot must be received by the Association in order to be counter.


Asked on 1/09/16, 9:12 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It means that members may vote by written consent and the action passes if enough people execute them, i.e. enough to have a quorum at a regular meeting and then enough to pass the resolution. And the request for the signed consent must contain the information required by the last sentence.

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Answered on 1/11/16, 8:17 am


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