Changing Amendments/Rules Regulations

Jim
Just some thoughts. The Declaration is the governing document in most associations. As such a high percentage of owners are required to make changes.
In my ass'n 2/3 membership votes are required to change. The importance of this document cannot be overly stressed. The BOD alone cannot amend the Declaration.

In my Ass'n, the Declaration and Articles of Inc can only be amended by 2/3 membership vote. The bylaws and rules and regs can be amended by the BOD, but only after notice and comment to all owners.

The proposed budget should be distributed yearly to the entire membership (usually 30 days prior to the annual meeting). The membership then votes to adopt or reject. The BOD cannot do this alone.

Lastly, your documents should spell out the answers to all of your questions. If not, your Board needs to take action to bring them up to date.

Richard, while this might be true of your HOA, it doesn't hold for all HOA's. In mine the BOD has cart blanche to set the budget and assessments; in other States the BOD is limited to a certain percentage that the BOD can raise assessments without homeowner approval.

Thanks: Interesting reads.
We are townhomes,(167) located on Private Property, and at present do not have assigned parking. Many, many problems, because some folks have multiple vehicles. One having a motorcycle, company van, large truck, and four cars (seven). Others having five vehicles, and so on.
The common area including parking lot facilities belong to the Association, which I understand the BOD, and MC maintain.
It is prohibited to park a commercial vehicle in the community unless the lettering is covered, because it is private property, and controlled by the BOD, homeowner with such vehicles, can and have been fined for non compliance.

The board passed a motion last month to have assigned parking. We have more then enough places for everyone to park, but some have to walk pretty far from their homes, because their neighbors who have all their vehicles parked in front of their own homes, and everyone elses.
Now some homeowners are up in arms,(not hard to guess which ones) because they think 2/3 of the lot owners should have to vote.
I wonder if the BOD controls the common ares why this could be true, and back to my first question, if the lot owners have a say in something like this, then why could they not vote against raising the assessement fees in the same manner?
Again:
Thanks
Jim

James,

The CCRs are written by the attorney of the declarant. Although most CCRs contain pretty much the same provisions and there are some similiarities, the declarant state anything he choose therein. It's not uncommon for the % to amend the declaration to be very high.

Once the declarant is no longer in control of the assn, the BOD has the authority to amend the rules/regulation and in some instances the bylaws. However, only the members may amend the declaration.

With regard to the assessments, generally speaking the BOD sets the rate of assessment. The members may be required to vote only if the increase is a certain percentage. In AZ the members must vote on an increase that is 20% above the previous years assessment; however that only applies to planned communities -- there is no such requirement for condos. Some assn docs require the members to ratify the budget which would indicate whether or not the assessments were to be raised. BTW, not all assn's are required to hold a meeting of the members to discuss a proposed assessment increase.

The answers to your questions should be in your gov docs. Also, many states have HOA specific laws which the assn must also abide by. And, if your assn is inc as a nonprofit the state nonprofit corp statutes will also apply. Your BOD should be familiar with the state laws governing HOAs, together with the gov docs, in order to effectively manage the assn.