HOA Gathering Votes Over Extended Period of Time

It took us 2 years to get our votes before we could get our rules updated. So as long as you don't have people signing or consider it's ONLY volunteers doing the work. It can take as long as it takes.

Adam,

Would you provide the language used in your governing document on how it may be amended?

Better advice may be available once this is known.

My neighborhood had done the same thing. The problem I had with this method is that it is not truly representative of the neighborhood at that time.

I reviewed the lists collected by my neighborhood and discovered that people who signed their petition earlier on moved out of the neighborhood before the final signature was collected. The HOA still asserted that they collected enough signatures despite the fact that their petition contained signatures of people who were non-residents at the time they filed with the county.

When I pointed out something else, such as improperly notarized petition forms (the board members was notarizing their own documents), the HOA's position was that it didn't matter. They had someone re-notarize those documents years after the fact.

The HOA shifted to this method after they tried a couple neighborhood wide ballots that failed miserably.

I think that such a vote should be held at a special meeting and each side should do their best to get the vote out, with a failure to vote count as a "no" vote. While I have heard the argument that this places a greater burden on those wanting to change documents, it also helps preserve the status quo, and in this system, inaction is a form of action. If those individuals really were unhappy with how things are they would have signed on.

Another example. The HOA I dealt with once required a super majority to pass rules. Over the years they got it lowered to a simple majority. They then changed rules regarding the make up of the board, quorom requirements, and proxy votes. Once everything was said and done, they would walk into a meeting with a stack of proxies conducting business without input from the membership. It got so bad that they actually refused to acknowledge people from the floor and later closed their meetings and held membership in secret locations where only their supporters were notified and allowed entrance. These changes increased the number of unhappy residents. Talking to residents trying to mobilize an opposition proved difficult. The HOA's changes convinced people that they would be put on the hook for thousands of dollars if they refused to go along with the board. My family was one of only a few to publicly come out against the board.

I'm not saying your proposed language is any better than what the Board wants but if all you want is to get the word out then there is nothing that I can think of from stopping you.

1. Write to all of the homeowners with your proposed language.

2. Walk around handing out comparison "fact sheets."

3. Put up a website comparing the two proposals.

4. Gather enough signatures to call a special meeting to discus it.

5. Write proposed By-Laws with the language you want and attempt to get your fellow homeowners to sign on.

Yes, Adam, Larry makes an important point. If it's the bylaws that the board (not "the HOA") wants to amend, the language about how to do so probably is in those bylaws. In our HOA, while 67% is required to amend the declaration (CC&Rs), only a simple majority is required to amend the bylaws.

If your current bylaws are silent about the % needed to amend, you may have to research your state's corporations codes (assuming that you are a corporation).

So that I'm clear here - Are you saying I can take the proposed amendments and modify them, take them around and get h/o signatures? It's that simple?

To clarify one point - when I say we made modifications, I mean we provided alternatives. I didn't get an attorney to draft them. I didn't intend to mislead with my initial phrasing.

Also, what if someone's signature is on both sets of proposed amendments?

This would actually be a perfect time to do it. I haven't totally thought this through but at the HOA meeting last night they said they aren't going to solicit signatures again until after the new year so it would provide me a little time to get some signatures.

> So that I'm clear here - Are you saying I can take the proposed amendments and modify them, take them around and get h/o signatures? It's that simple?

Circulating an alternative set of amendments looks like a pretty good way to gum up the works and prevent the undesired set of amendments from getting the necessary approvals.

All the BOD needs to do is send a notice of the proposed amendment(s)to all members and state that a member will be deemed in favor unless stating its opposition in writing by a reasonable deadline.

JohnH38

Larry,

I'm in Texas. What if the document only states that the deed restrictions can be amended by a 2/3 majority vote of property owners - can a meeting be set and a notice sent stating that if no response is received by a specified date, it is considered to be in favor?

With so much apathy on the part of residents, it is extremely hard to make any necessary changes at all. Our situation is that we are trying to create a second class of members who can purchase access to our amenities in order to keep from going broke and losing the ability to maintain them.

No, absolutely not, an abstention is the same as a vote for no.

All the CC&R's I have ever read have language to the effect that they may be amended by recording an instrument executed by a certain percentage of owners.

To me, "instrument" means a document decribing the amendment and "executed" means signed.

I have never read any CC&R's that, as part of the amendment process, referred to meetings or votes.

What does your CC&R's say about amendments?