changing Florida HOA bylaws by petition only.

Hello everyone. I live in a HOA in Florida. A homeowner was turned down on building a pool too close to the property line. His friends petitioned with inaccurate information and supposedly have the appropriate number to change bylaws. Our bylaws read that we can ammend the bylaws "upon the written approval of 75% or more of the membership in the association". They are trying to put this thru. To top it off they kicked off the other board members and guess who is on the board now. His friends. I am trying to find specific info that this has to stil be voted on at a board meeting by the association members to pass. Can anyone help?

Julie,

You have a couple of issues going on here.

The pool has to be located on the lot according to County and your own document,set back limits. The pool needs to get a building permit from your city or county and the minimum setbacks will be stated there.

You say that he was turned down because he wants it too close to the property line, tells us that the pool cannot go where he wants it. Who turned him down? Do you have an architectural control committee?

Next, How many members(homeowners or lots) are in your association? The protective covenants are not changed by petition in Florida. Any proposed changes to these restrictions goes to the membership in the form of a vote. Petitions are not valid to change the documents.

They kicked off of the Board, members who did not go along with them? WHAT???does that mean. Did they do a recall of the Board. None of this is voted on solely by the Board but MUST be voted on by the entire membership, not by a few signing a petition but by a vote sent out to the entire membership.

And lastly, how long has your association been operating this way? This is where associations and Boards get a bad reputation when they are operated in this totally disfunctional manner. All sounds against State Statutes.

Thank you to all that have replied. Upon written 75 percent is exactly how it is written. Our covenants also state that a pool maybe built and if approved by the association, a related accessory building. NO PORTION OF ANY RESIDENCE
SHALL BE CLOSER than rear set back 30 feet from any rear property line and 10 feet for accessory buildings if permitted.
There defense is that according to the county a swimming pool is considered an accessory building. This originally went to our architectural committee who turned down the 10 foot setback allowed him 20 and told him to request a variance. He basically said forget it, sued the association and lost, now got the petitions. I spoke to a property manager who manages a lot of the HOA and was told this has to go to the members for a vote regardless of the petition. So stil trying to find
I looked at the statutes but haven't been able to find anything yet. Will keep trying. Sure am glad they don't live behind me.
Thanks for all your help.