CelesteH1 (Michigan)
Posts: 1
Posts: 1
Posted:
Our covenant rules are outdated, and do not cover, unpaid dues. What is the best way to amend this?
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Amend the covenants
Started by CelesteH1 • 4 replies • 1730 views
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JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
I would recommend having an attorney review to insure the updated state statutes are being followed and to recommend updates for your HOA. The HOA in turn can also discuss what they would also like to see in the amended covenants with regards to preventing issues that have come up within the HOA previously.
Due to legal issues best to hire attorney and prevent future problems.
Due to legal issues best to hire attorney and prevent future problems.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
If your going to amend the covenants, you might as well review all the governing documents (Articles of Incorporation, Bylaws, etc.). I would recommend putting together a committee of members together to review and make suggestions to the Board. Solicit for volunteers from the development so the members are involved. Advise the committee to check current laws (HOA, Corporate, etc.) and see what they come up with.
The committee should make the proposal to the Board and the Board should then review and make any changes, etc. that may be needed. Then send the whole package to the attorney for review and advise. Incorporate the advise as needed and then call your meeting to amend them.
The process will probably take a year or more. This is not something you will want to rush through.
Tim
The committee should make the proposal to the Board and the Board should then review and make any changes, etc. that may be needed. Then send the whole package to the attorney for review and advise. Incorporate the advise as needed and then call your meeting to amend them.
The process will probably take a year or more. This is not something you will want to rush through.
Tim
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
I agree with Tim. Committee first; attorney last.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Are you saying that there are no Policies and Procedures for collecting past due accounts?
Your board can pass these. Simply figure out a step by step procedure. Many have been posted here on this site.
Your board can pass these. Simply figure out a step by step procedure. Many have been posted here on this site.
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