💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NoelleC3
Posts: 43
Posted:
We recently have our finalized copy of HOA CC'rs that our current board has been working on for over a year. The packet gives us 14 days to review and vote yes, not and then that's it.

I heard of many other HOA's having meetings to discuss and clarify the ccr's at hand is this or has this been done at other HOA"s ??
RichardP13 (California)
Posts: 1,767
Posted:
How large is your HOA and is it homes or condos? There is a procedure that should be followed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
are you in the process of having control of the association being turned over from the developer?
GlenL (Ohio)
Posts: 5,491
Posted:
Yes we have done it but it is not required. As long as the BOD is following the steps outlined in Civil Code §1355. Amending the CC&Rs they should be in the clear.

Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
Noelle - this involves Bylaws, but the process worked well for us.

1. A committee came up with new wording for bylaws.
2. The board checked for legality and consistency.
3. The committee held several "readings" of the proposed bylaws in the evenings. Members could come up and hear the explanation of each bylaw change. Some minor ajustments were made due to general membership input. About 35 people came up for each of the three evening readings.
4. The board gave its stamp of "approval" to the proposed bylaws.
5. At the annual meeting, the changes were again explained and the vote went very smoothly.

NoelleC3
Posts: 43
Posted:
Susan.. thankyou.

The only people involved with the process of putting together our new bylaws was our currentl board, and our atty. They havebeen working on it for a year. We just got the finalized "draft" yesterday.

Its full of big big changes,not all in the positive. Most of the homeowners I have spoken to sound like it's a NO.

Our membership is a little upset about some of the changes... and want an explanation. I understand why they ( the board ) made some of the changes, but on a whole I don't see a need for some of the other things.

It looks like the board of 3 that we have willbe turned down. What is next??
SusanW1 (Michigan)
Posts: 5,202
Posted:
The voters speak . . .

Board did not explain the need.

Get an ad hoc committee established to see what really needs changing.
RichardP13 (California)
Posts: 1,767
Posted:
Noelle

Here is my email address, [email protected]

I just went through changing our Bylaws and can help you with the process.
JeanneK3 (Maryland)
Posts: 562
Posted:
Why should any community vote in changes that are "not so good for them." What are the changes that you think are not so good? Why can't you take these out and vote in the rest? For your information, an alert for Maryland Homeowners' Association:

MHA By-law Revision Alert!

Posted: 12/12/2009 12:00:00 AM

If you live in an association that is working to revise or amend HOA/Condo governing documents, here are some important tips to keep in mind as you review and prepare to vote on those changes. Homeowners, or a committee of homeowners, should review the new wording thoroughly, comparing existing wording to new wording line-by-line. This works best by having old text and new text in different fonts or colors while reviewing the documents.

1. Beware of boiler plate documents that completely replace old documents with new, and perhaps inappropriate, by-laws. MHA recommends that you never vote for totally new by-laws unless every line is explained to you.

2. Beware of language that states the homeowners should pay "all attorney fees actually incurred by the Board of Directors." This wording obligates homeowners to pay for the Board's attorney's fees, as well as their own attorney's fees. Such wording sets up a "no-win" situation for homeowners and could lead to bankruptcy and/or foreclosure. California has addressed this issue with Civil Code 1354 which states "in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs."

3.Beware of wording that gives the Board the ability to file a lien for unpaid fines and then foreclose on the property. Wording such as: "the Board shall have the power to impose reasonable fines which shall constitute a lien upon the property and shall be collected in the same manner as any other assessment levied” or “in the event fines are not paid, such fines shall be collectible in the same manner as assessments” should be avoided. Recently, California and Florida have passed legislation to prohibit associations from including fines in a lien and fines may not be characterized, nor treated in the governing documents, as an assessment which becomes a lien. Arizona has passed legislation that an association can file a lien for unpaid fines, but the lien cannot be collected until the property changes ownership.

MHA recommends that before voting for any amendments to governing documents, homeowners carefully examine changes. If you do not understand the implications of the new wording, vote no. Further, beware of a “Directed Proxy” that gives your vote to someone else. You might be voting for a bylaw change when you never intended to. Arizona has already banned proxy voting. This state uses an "absentee ballot." The absentee ballot must set forth each proposed action.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here