Changes to HOA docs

Started by KeithH7 • 5 replies • 1208 views

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KeithH7 (Florida)
Posts: 20

Posted:

In an effort to make much needed changes to our HOA docs a committee was formed; however, amendments, (quotation) “may be made upon the affirmative approval of not less than seventy-five percent (75%) of all lot owners.”

Is there a work-around solution / suggestion to this situation?

We experience great difficulty come election time to get a quorum, so we do not envisage 75% participation on this matter?

TimB4 (Tennessee)
Posts: 21,059

Posted:

The work around is leg work and proxies (if allowed) or leg work and mail in ballots (if allowed) or just plain leg work to get the members to attend.

The board, committee members and other members need to actively seek out proxies (if allowed) from those members who do not attend meetings. This may require knocks on doors, telephone calls, etc.

I would suggest using a directive proxy. This is similar to a ballot as it instructs the proxy representative to fill in the ballot a specif way.

I've attached an example.

Ballots will still have to be filled out and cast (you can't use the proxy form as a ballot).

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📝1329225111571.doc(29 KB)

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our lawyer helped us by being able to skip the special meeting requirement. It allowed us to collect the votes anytime and any place. It was done by drafting a second signature with the vote. That extra signature allowed members to give up their right to have that special meeting to allow them to vote anywhere or anytime. By giving up that requirement we could really free up the time and effort to collect votes. You may try this approach with the quorom requirement. Ask your attorney about this. It may help you tremendously by just needing 1 extra signature when collecting the vote.

Former HOA President

JeanneK3 (Maryland)
Posts: 562

Posted:

Keith:
I would avoid any attorney who helps you "get around" your governing documents. Your documents are there to assure that there are democratic processes at work in your association. You need to do a good job of explaining the need for the changes compared to your existing documents. This can be done in letters to everyone. Have an initial meeting where their homeowners can have their questions answered and then a second meeting for voting. And yes, everyone uses proxies for those people that can't be at the final meeting. If the document changes are for everyone's benefit, you'll get the 75%.
Jeanne

PeterD3 (Florida)
Posts: 708

Posted:

I hope there are no 'work arounds".

"We experience great difficulty come election time to get a quorum, so we do not envisage 75% participation on this matter?"

Maybe the membership does not agree with how 'much needed' the proposed changes are.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Keith

As you said and Peter replied:

"""""We experience great difficulty come election time to get a quorum, so we do not envisage 75% participation on this matter?"

Maybe the membership does not agree with how 'much needed' the proposed changes are.""""""

Sometimes it is only a few that care about specific issues. Issues that the majority have no interest in might only be in the eye of the beholder.

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