changing number of votes required

Started by NimishS • 10 replies • 1641 views

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

⚡ Takes 30 seconds

Already a member? Log in

NimishS
Posts: 12

Posted:

Hello,

I am a board member of an association in California whose CC&Rs mandate that 75% yes votes are required for us to make any changes to the CC&Rs.

We would like to change this rule itself, to reflect that only a "majority" of yes votes of all votes received by a particular deadline are required to amend the CC&Rs.

I would like to know if this is possible,and if yes, would really appreciate someone guiding me how to go about doing this ?

Would there be an addendum required that itself would have to pass 75% yes votes to overrule the earlier 75% provision ? Would this approach be feasible by law and by Davis-Stirling Act?

If someone could reply, and guide me to the pertinent legal paragraphs, I would greatly appreciate it.

Thanks.

Novalife.

MaryA1 (Arizona)
Posts: 388

Posted:

Nimish,

Yes you can write up an amendment to the CCRs to change the vote requirement. You should check the CCR provisions for amendments and make certain you know what the quorum requirements are and what is required to call a special meeting for the purpose of amending the CCRs. In the notice of the special meeting that is mailed to all the members include a ballot that shows the exact wording of the proposed amendment and provide a "yes" and "no" block. Note that since the CCRs now state a 75% vote is required, that is what you will need to pass this amendment.

When writing up the amendment you need to decide whether you want ". . .a majority vote of all members entitled to vote", or ". . .a majority vote of all members present and entitled to vote". There is a big difference since "entitled to vote" means those members who are not in violation of the CCRs and/or delinquent in paying the assessments. And there could be an even bigger difference in saying "all members present" as opposed to "all members". Also, if proxies are allowed, "members present" would include proxies.

NimishS
Posts: 12

Posted:

Mary,

Thank you very much. Would you by any chance be able to point me to the right section or paragraph in the Davis-Stirling Act that allows us to do that.

Really appreciate it.

Nimish.

TimB4 (Tennessee)
Posts: 21,061

Posted:

I would suggest lowering it to 51% of the votes cast.

SusanW1 (Michigan)
Posts: 5,202

Posted:

To change CCRs? (51%?)

That threshold seems very low for such a somewhat permanent, important vote.

What do your state documents say/

TimB4 (Tennessee)
Posts: 21,061

Posted:

I'm sorry, thought it said bylaws. In that case it should be 2/3rds of the membership.

JeanneK3 (Maryland)
Posts: 562

Posted:

I agree with Tim. Lower it to 66 2/3 which I believe is the norm across the country. It should be more difficult to change bylaws that with other motions.
Jeanne

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By NimishS on 11/11/2010 3:39 PM
Hello,

I am a board member of an association in California whose CC&Rs mandate that 75% yes votes are required for us to make any changes to the CC&Rs.

We would like to change this rule itself, to reflect that only a "majority" of yes votes of all votes received by a particular deadline are required to amend the CC&Rs.

I would like to know if this is possible,and if yes, would really appreciate someone guiding me how to go about doing this ?

Would there be an addendum required that itself would have to pass 75% yes votes to overrule the earlier 75% provision ? Would this approach be feasible by law and by Davis-Stirling Act?

If someone could reply, and guide me to the pertinent legal paragraphs, I would greatly appreciate it.

Thanks.

Novalife.

I would amend the CC&Rs, if achievable, to either 50%+1 or 67% of all HOMEOWNERS. Do not use the word members and do not reduce the percentage required to less than 50%+1 of every owner. Also, get ballots signed and dated by the owners and consider filing them as part of the amendment.

In Colorado a state law was passed which provides for 2/3 (or less if the CC&Rs so state).

MaryA1 (Arizona)
Posts: 388

Posted:

Nimish,

FYI, the Davis-Stirling Act can be found at: www.davis-stirling.com Click on "Davis-Stirling Act". The provisions for amendments can be found in Chapt 2, Article 3, Section 1355. I think you'll find more in your CCRs about amendments than in the state law.

NimishS
Posts: 12

Posted:

Thank you all very much.

NimishS
Posts: 12

Posted:

Thank you all very much.

🎯 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