Texas HOA Bylaw Amendmenting

Started by DonnaB12 • 5 replies • 1625 views

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DonnaB12 (Texas)
Posts: 6

Posted:

We have bylaws written by the original owner/developer. Now that the community is fully developed, he is out of the picture and we need to amend several of the bylaws. We have written the proposed amendments and rationales. The next member business meeting is Dec 9. Do we need to get a lawyer involved or can we just go by the memeber vote, and refile the entire Bylaws with the county clerk?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

By-laws don't always need to filed. CC&R's (Convenants and Restrictions) are the ones that get filed at the county level. The by-laws may be added to but not required. Read what your documents say about radifying and modifying. CC&R's are what goes on your deed restrictions. The by-laws are more internal HOA documents.

Former HOA President

DonnaB12 (Texas)
Posts: 6

Posted:

Thank you for your response. The Document we are working under states "Amended and Restated Protective Covenants and Restrictions...". My assumption would be this does need to be filed with the County Clerk as well as be notarized with signatures of presiding officers.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Donna

Not sure I am reading your post properly but FYI, if the owners control the association then the BOD by itself cannot change the Covenants. It will require a vote of the owners. As to how many owners required to do so will be outlined in the Covenants but usually it will be over 50% and in some cases it could require 100% of owners approving.

Also, Covenants are registered with the deed and often called Deed Restrictions.

Bylaws are not required to be registered with the deed, although ours are.

Hope this helps.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Oops..no edit.

I can almost assure you if a few got together to propsoe/draft the changes, there might well be (I would bet on it) issues. Personally I would want a legal blessing of any proposed changes so they do not come back to bite us at a later time.

People out here have argued the difference between MAY and CAN and SHOULD and MUST.....LOL

Are you, me, and her 3 entities....or are you, me and her 2 entities? This was a legal arguement for many years.

Hope this helps.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Donna, I agree with John. What % of your Members (Owners) are required to vote in favor of the restated bylaws for it to pass? How must the election be held? Secret ballot sent by US mail? Being present or by proxy at your Members meeting? How must the votes be tabulated? How many Members are needed to achieve a quorum?

If the answers to those questions aren't in your current bylaws or CC&Rs, you'll need to turn to your state's corporations code or some other state laws.

But, I've become confused: Are you trying to amend your bylaws or your covenants and restrictions??

It's very important to have an attorney make certain that what you've written is legal!! Who are the "we" who wrote the revisions??

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