Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on West Winds Master HOA’s website against current Montana and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article III, Section 3.5 · Page 1
Allowing action by written ballot without a meeting when total ballots cast do not meet the meeting quorum requirement violates MCA § 35-2-533.
Operative Clause · Article III, Section 3.5 (Page 1)
“Action by Written Ballot Without Meeting — Any action that may be taken at any annual, regular, or special meeting of Members may be taken without a meeting if the Board distributes a ballot and a…”
Why It’s Flagged
Mont. Code Ann. § 35-2-533
Under MCA § 35-2-533(3), approval by written ballot under that section is valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article III, Section 3.5 to conform with Mont. Code Ann. § 35-2-533 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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