Change CC&R

In our CC & R, it is stated that a majority of homeowners must approve a change. That's it. While there is a very clear way to change the by laws. Would the rules for changing the by laws apply to the CC & R. Or maybe just the rules for holding the meeting. A by law can be changed based on a majority of votes entered, if there is a least 10% particiation versus CC&R saying a majority of all home owners.

Very confusing. Does anyone have any insight?

Thanks

Jimmy:

Read your docs, it is in there somewhere. For example, ours require us to a call a meeting for that purpose and notify our members at least 10 days prior to. Then it takes 2/3 of the members present at the meeting to change the covenant. It is in there somewhere, you just need to dig for it.

Jimmy, your Declaration basically states it takes approval of over 50% of all units to amend the Declaration. Your By-laws basically state they can be amended by approval of over 50% of the votes cast at a meeting and the quorum needed to hold a meeting is 10% of all units.

The By-laws are usually amended at a duly called members meeting and have much less stringent requirements than amending the Declaration. Amending the Declaration usually takes more than a simple majority since it is the primary controlling document of the association.

Roger B---- Our By laws state that it requires 2/3 vote of approval to amend them and then they must be certified by the Sect.of the Asso.and then recorded at the Clerk of Courts office in our county.. We have 3 "amendments" that are NOT recorded at the clerks office and no one seems to know when they were "voted" on......HHHMMMMM

Now on to CC&Rs........We are having meetings to amend ours and we were told at the meeting on Saturday that during the 10 years before renewal it requires 2/3 vote of approval..BUT at the anniversary date it only requires a majority to CHANGE them ......hhhmmmmmm

Our BOD has also told us that it is not a meeting to VOTE for the amended CC&r's but rather a petition like process where they mail out paperwork and we can approve them....A group of us have gone thru the last "vote" process paperwork and have found NUMEROUS Power of Attorneys where Joe Schmoe appoints Cracker jack his attorney in stead and then Carcker jack and his wife are the two witnesses and then Cracker jacks wife also NOTORIZES all the signatures............We all are in agreeance that these POA'S are invalid due to the notorizing is invalid thus rendering the CC&R 'S invalid....any comments ?? LindaC

Roger B This is the exact wording from our CC&R'S...........

Section 3. The Club, by a two-thirds (2/3) vote of approval of the membership, may modify, amend or add to this Declaration of Restrictions. Comments ?? Thanks Bunches LindaC

Section 4. The Club shall not in any way or manner be held liable or responsible for any violation of this Declaration of Restrictions or the Rules by any person other than itself.

Section 5. The herein-contained agreements, covenants, conditions and restrictions shall constitute an easement and servitude in and upon the Property and every part thereof, and they shall run with the land and shall

Inure to the benefit of and be binding upon and enforceable by the Club for a period of 10 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then-Owners has been recorded, agreeing to change said covenants in whole or in part. Failure of the Club to enforce, any building restriction, covenant, condition, obligation, reservation, right, power or charge herein contained, however long continued, shall in no event be deemed a waiver of the said right to enforce thereafter as to the same breach or violation or as to any other breach or violation occurring prior or subsequent thereto.

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Roger-- we dont have Covenants....This is from the cover page of Deed Restrictions

FIRST AMENDED AND RESTATED
DECLARATION OF RESTRICTIONS
OF XYZ CLUB

Rules are made by and passed by the BOD w/o input allowed from the Members of the Association....A majority of us read Section 3 means that the Decs require 2/3 VOTE of approval to be passed and that Section 5 means that a majority need to consent that at 10 year anniversary they even need to be amended...It's very confusing indeed and we have requested the BOD to ask for the attorney to explain and we were told that is not necessary and they are not going to do it..It means what they say and that's it !!! real nice huh ? LindaC

We are currently a divided HOA. We are a small community of 42 residential lots and 4 farm lots. All the residential lots share identical covenants and the farmland is to adopt the residental covenants when and if they are developed. Our Declaration, By-Laws, state that all properties in our subdivision are members of the Home Owners Association.
We generally have an annual meeting, The only responsibility of the Association has been to maintain the roads and mow the surronding grass...and take care of the paperwork for the state of Virginia.
Our Board of Directors decided a change of covenants was needed. It was on the agenda for the annual meeting, but we were told that they weren't ready..it is a slow, deliberate process...we are your elected board and since you elected us we know that you trust us...please note that they are on the board because no one else ran for office...fast forward to November. In the mail the new covenants...some big changes..no chance for discussion, no forum to point out the problems with them...no vote, but rather a consencus...we have several families that own adjoining lots and evidently..it's the owners...not the lots..in other words..if there are 20 people on one deed they get 20 votes..if 2 people own 2 adjoining lots they only get 2 votes...our covenants do require a majority to pass. The board worked very hard...called some people 6+times...visited their homes..sent emails..called..several owners told them to leave them alone...they were feeling harrassed and they didn't want to sign...just before Christmas..we received a letter stating that they had passed(by 2 votes) and were posted at the courthouse. We went to the courthouse and got a copy of the posted changes..some of the wording had been changed..no new copy was sent to the members. One of the items changed was the membership. We are a mandatory membership and we are incorporated. Membership is by virtue of being part of the subdivision. It was our understanding that some things can be changed with a simple majority vote...but changing the membership requires a 100% vote. We went to a lawyer who told us that the covenant changes are not any good. It would be too expensive for us to challenge them and have them covered up at the courthouse..so far our bill is over $2,000...and we still don't have an answer...there is nothing about changing the membership in either our covenants nor our by-laws. We are very upset..the process for changing the by-laws is clear and involved..and this back door approach to the covenant changes just doesn't seem right. The Board just gets nasty and tells us that it's just our attorneys opinion...by the way...they didn't hire an attorney, rather someone donated their time to help them.
Thanks for any advise.
Maryb