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KyleW (Pennsylvania)
Posts: 1
Posted:
Our existing declaration requires a two-thirds vote from homeowners to modify the declaration or approve an amendment. The problem is, due to homeowners living overseas, or renting, or that simply do not participate, getting two-thirds of the community, or 118 owners, to actually vote* let alone agree on one side is almost an impossibility at this point.

My question: can the declaration be amended (legally) to only require two-thirds, or 51%(?), of a minimum vote number, say 100 votes, to make future changes? Granted, we may need the 118 votes initially, to then make only 51, or 75 votes required in the future.

Is this possible ??

Thank you,

Board Member, Pennsylvania HOA

RogerB (Colorado)
Posts: 5,067
Posted:
Kyle, I don't know the statutes in your state but in Colorado the Declaration can be amended to 50% + 1 of all homeowners voting to approve. Or if sufficient votes to approve an amendment can not be achieved the HOA can go to Court and seek a Judge's approval to amend with approval of 1/3 of all homeowners.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
not w/o the 2/3 'aye' votes ....... you are stuck
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kyle

It can be modified to whatever your little heart desires, but as it stands 2/3rds must approve the change to whatever.

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