Amendments to add

Started by JimC12 • 3 replies • 1255 views

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JimC12 (Virginia)
Posts: 12

Posted:

If I am currently on the board and it appears that proposed amendments are reviewed by the board and not to address, would it be inappropriate for myself to take this proposed amendments to the members to get vote on it? If met the appropriate votes to pass a amendment according to the deed/by-laws would the board be able to reject this?

LawrenceC1 (Georgia)
Posts: 480

Posted:

Jim,

Amendments to your governing documents usually require more than just the board's approval. There should be a process for making amendments spelled out in your existing documents. Typically such things require 2/3 or more of the members to approve of the change in writing. Then the change has to be recorded at the courthouse where your original documents were filed.

JimC12 (Virginia)
Posts: 12

Posted:

That language is in our documents. What the issue I see is that we have the opportunity to pass some streamlining amendments and common sense amendments but board seems to think it is requiring too much work. So I was thinking of sending out email and perhaps door to door with the proposed amendments and getting signatures from the members. If received the appropriate numbers required which is 67% then I would think it can then move to be recorded regardless if the board did not accept it?

LawrenceC1 (Georgia)
Posts: 480

Posted:

Jim,

Every homeowner has the right to conduct a petition drive. However, that right must be balanced by the code of ethics (whether written or just implied) that governs board members.

The board should speak as one. If the board passes a motion or doesn't pass a motion, any minority voters are obligated to respect and support the will of the majority. Otherwise, the management of the HOA will disintegrate into chaos.

If there is really 2/3 of the homeowners in favor of the amendment, maybe you can persuade the other board members to change their vote and approve the amendment. Otherwise, you ought to wait until new board members have been elected.

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