revising documents

I would like to completely revise our over 30yr old documents. I know this will take much work.
Article 6 or our Master Deed requires 100% of the members to vote yes before it can be amended.

If we revise the doument in its entirity would we still need 100% yes vote to amend Article 6 which has to do with the use and conveyance of the building?

Hi Bonnie:

My recommendation would be to first amend your documents to reduce the percentage required to amend. LOL … after that future changes would be much easier to make without requiring 100%.

The answer is yes.

Contrary to Janet's suggestion, I would recommend that you go for everything at once as it's going to be hard enough to get 100% once and you can sell it better by showing all the changes vs just changing the amount which may raise warning signs to some.

I would also suggest the following procedure:

1) committee of members to come up with the first draft (this helps get membership support).

2) Board reviews the draft and makes changes.

3) Board holds hearing on draft and solicits opinions from members.

4) Board reviews the suggestions and makes changes.

5) Draft is reviewed by attorney

6) Board reviews the attorney's advice and makes changes

7) Board publishes draft to membership for review

8) Board holds meeting to vote AND/OR if allowed (and in the case of the CC&Rs) Board solicits written agreement for change - as this allows more time to get 100% participation.

9) Board files amended documents as required and informs the membership - perhaps publishing adopted documents for the entire membership.

This will be a lengthy process and may be costly as well (for publishing and mailing draft documents). The last time we did all the documents it took 2 years to complete.

Tim

Hi Bonnie:

Again, get a feel for the members … Tim has a point in that these changes take time and effort; therefore, if you feel majority would agree to any change then try to accomplish as many as possible at once.

Bonnie,
I would also suggest that you check any laws your state has concerning homeowner associations. Ohio recently changed the law to allow changes to the Declaration with only a 90% approval by owners.This is in effect regardless of what the declaration states. Stll difficult to get but better than the 100%.