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making by-laws

Started by DerikM • 12 replies • 1736 views

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DerikM (Utah)
Posts: 2
Posted:
our hoa made a vote with only three people in the meeting stating that a trailor, or boat could be parked in drive way as long as tongue of trailor was 3ft behind the front of the house. the problem is all of the houses are built to close together and no boats and trailors could even fit on the sides of any homes. so my question is are they allowed to make a by-law with those guidlines when no boat or trailor could possibly fit on the side of the home.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Trick question? LOL... Trick by-law too!
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Derik,

Unless your Covenants specifically disallow parking of trailers or Boats, the Board could probably pass such a guideline as a clarification.

Based on your posting, one could argue that if there is a garage on the property that the front of the house is deemed to be the outside wall closest to the street. Therefore, if the garage were opened and the tongue was brought into the garage by 3 feet that the owner would be in compliance with this rule.

Based on your posting, I would suggest that you ask the Board for some clarification.

Tim
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Derik:

Was the vote to amend the covenants? If so, how was it done with only three votes? What does your documents state in making changes to the CCR's?

In most HOA documents and State statutes these changes can only be made with a majority vote of all homeowners.
DagmarB (Georgia)
Posts: 21
Posted:
I am with Janet, 3 votes cannot ammend or change the Bylaws,it has to go out for a vote and most States require a certain percentage of votes to ammend your Bylaws.
Another question, if the homes are that close together, would the boat or trailer fit within the property line. Check with your county also, some have restrictive ordinances in regards to infringing on anothers property line and the distance required.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Was this a NEW bylaw or a clarification of one already on the books, or a new Rule that the board passed???

And WHO was the 3 at the meeting? homeowners in the audience or board members?

DorothyD2 (Florida)
Posts: 12
Posted:
My question is,our 55plus community votes by proxy and we would like to change this in our bylaws to a double envelope voting system.I'm chairmen of the election board and would like to know what the procedure would be to bring this to the homeowners to vote on step by step please.my name is Dorothy Dorrington
DorothyD2 (Florida)
Posts: 12
Posted:
My question is,our 55plus community votes by proxy and we would like to change this in our bylaws to a double envelope voting system.I'm chairmen of the election board and would like to know what the procedure would be to bring this to the homeowners to vote on step by step please.my name is Dorothy Dorrington
DorothyD2 (Florida)
Posts: 12
Posted:
We are a 55 plus community I am the chairmen of the election board and we the people would like to change our voting bylaw we vote by proxy and would like to change our bylaw to be double envelope secret ballot.I need to know the step by step procedure to do this myname is Dorothy Dorrington.
DorothyD2 (Florida)
Posts: 12
Posted:
We are a 55 plus community I am the chairmen of the election board and we the people would like to change our voting bylaw we vote by proxy and would like to change our bylaw to be double envelope secret ballot.I need to know the step by step procedure to do this myname is Dorothy Dorrington.
DorothyD2 (Florida)
Posts: 12
Posted:
We are a 55 plus community I am the chairmen of the election board and we the people would like to change our voting bylaw we vote by proxy and would like to change our bylaw to be double envelope secret ballot.I need to know the step by step procedure to do this myname is Dorothy Dorrington.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dorthy,

The process to amend your bylaws should be contained within your bylaws.

Typically the process is as follows:

1. Proposed changes published to the membership
2. Notice of meeting to hold change bylaws
3. At the meeting: verify quorum is present, discuss proposed change, vote.
4. # of votes required to amend will be in your current bylaws.
5. Announce the vote and publish the amendment (if passed).
6. Check with your Association attorney or State corporation board to see if the bylaws need to be filed. If they do, file the amended bylaws.

Tim
DorothyD2 (Florida)
Posts: 12
Posted:
thank you Tim.DorothyD

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