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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JenniferB1 (Washington)
Posts: 2
Posted:
It clearly states that you cannot make changes to the CC&Rs without 75% voter approval. I mentioned it to the President and he said we will never get 75% approval so we will just work with the bylaws of a quorum 1/10th of homeowners. But then the bylaws state if there is a conflict, that the Declaration supercedes the bylaws. He then said that then we will never get anythig done. "So we are just going to do this"...

I believe the reason for the 75% voter approval is so that if you do change the CC&Rs that it is an important document and should not be changed on a whim. It protects the homeowners from people who want to run a dictatorship. The Bylaws can be changed with majority of board members, but the Bylaws only pertain to the running of the HOA in detail, like position despcription, how to handle HOA mtgs, annual dues, rules and regulations....which in the end the ammending of the CC&Rs is only addressed in the CC&Rs.....

The president is the only one, besides myself who previously was on a homeowners board, but his was a condo which their CC&Rs are pretty detailed in the first place.
Any advice on how to handle form here. I feel very strongly that we are not adhering to the CC&Rs, which I will continue to object ot, but how to find information to show others who are not experienced and will trust that I am only out to get things going on the right foot.
BrianB (California)
Posts: 2,820
Posted:
everything you need is in those two documents... The by-laws themselves define their scope... You are correct, by-laws define how the business parts of an association are run, and the majority of the board can change them, because all they control is the business aspect of the HOA...like you say, how to elect a member, how often meetings must occur, when notices must be sent out for meetings, voting procedures, comittees, etc.

the CC&R's are the rules for the average owner, and yes, it's tough to change them, for the very reason you cite. My advice, stick to your guns, stay in the first sections of each (the scope, definitions, etc.) to prove your point.

if that don't work, prepare for civil disobedience... I would. If my HOA passed a rule illegally, I would be the first to violate it just to make the point.
BrianB (California)
Posts: 2,820
Posted:
and if beating him about the head and shoulders with the rules, as written, doesn't work, try this:

remind him that as a director, if he blatantly ignores the rules and procedures written for him, if he doesn't follow them correctly, if he ignores the by laws and CC&R's, then HE himself, personally, can be held liable for any costs, lawsuits, judgements, etc. that may be brought. The HOA is not responsible, they won't pay, if it is clearly documented that he acted outside the rules and of his own accord. In fact, the HOA should be among the first to bring or join a lawsuit, if they were smart. E&O insurance also won't pay for him, because E&O assumes "an error or natural omission in the comission of normal duties". Knowingly violating written rules is definately not an accident, error or natural omission, it is an intentional commision of fraud. Your insurance won't pay.

So, he can put his house, savings, boat, car, etc. on the line to do what he truly believes in, or he can do what the rules say. His choice.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
When you say the Board can change the by-laws on majority vote, are you referring to all states or just some, or do you mean if the CC&R'S contain these provisions, I suppose in the Master deed or statute.
Our docs. don't refer to the board having authority to change By-laws. We added a Rental clause Amendum to our Master Deed and the Board ignores several of the provisions in the Amendum:
Rule to provide all rental contracts are submitted to Regime office tens days prior to rental.

Rule to provide that rental tenants sign they have read and understodd Rules of conduct.

Rule that requires owners provide all names and addresses to Regime office prior to renting.

etc.

How would you force the Board to comply?
MaryB3 (Maryland)
Posts: 21
Posted:
For your own protection, please make sure that the minutes of any meeting correctly record your vote. If you vote against something because it conflicts with the CC&R make sure it is in there. Also, if you have a sunshine law (open meetings law) record your meetings.

🎯 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