TedK1 (Illinois)
Posts: 4
Posts: 4
Posted:
I live in a HOA within Illinois that has a length restriction on occupancy for those under 18. Can the Board change amend or grant an exception without a home owner vote?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Declaration Changes Ammendments or Exceptions
Started by TedK1 • 2 replies • 1192 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Ted
If it is in the Covenants and/or Bylaws, then change would have to follow those docs. It will take a vote of the owners. As to how many required is another issue and the answer will be in the docs also.
Was case in SC with an under 18 age restriction. Couple got custody of their 8 year old grand child. Covenants said no one under 18 for more then 30 days. It went to court. The court agreed. The couple was given several extensions to allow them time to move. They did move.
Sounds harsh but that is why many buy were they buy. They want restrictions like no kids, no pets, no outside parking, etc.
If it is in the Covenants and/or Bylaws, then change would have to follow those docs. It will take a vote of the owners. As to how many required is another issue and the answer will be in the docs also.
Was case in SC with an under 18 age restriction. Couple got custody of their 8 year old grand child. Covenants said no one under 18 for more then 30 days. It went to court. The court agreed. The couple was given several extensions to allow them time to move. They did move.
Sounds harsh but that is why many buy were they buy. They want restrictions like no kids, no pets, no outside parking, etc.
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By TedK1 on 06/13/2013 1:55 PM
I live in a HOA within Illinois that has a length restriction on occupancy for those under 18. Can the Board change amend or grant an exception without a home owner vote?
I live in a HOA within Illinois that has a length restriction on occupancy for those under 18. Can the Board change amend or grant an exception without a home owner vote?
Normally, no. Changes or amendments to the Declaration or CCRs almost always requires a vote of the homeowners.
Also, if it is designated as an adult (55+) community, the community's 55+ status under the law would be jeopardized by such a change.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here