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MarkM19 (Texas)
Posts: 1,459
Posted:
I am on a board of 5 and we are in the middle of a CC&R rewrite. It has been a little bit of a battle because some people do not understand or have not taken the time to read the new CC&Rs. In a least a few of the cases people are not happy that we are putting a rental restriction of 25%( We are a 400+ single family HOA ) we currently have only about 16% rentals. Some feel that this may restrict them from renting even though the doc clearly states that everyone will be grand fathered in at the time the docs is put in place.

My problem is not with them not understanding the CC&Rs but that our Board is trying to get more than the 220 votes needed to reach quorum. They want to get 270 votes so that the no votes will not stop the CC&Rs from passing. I think this is trying to control the election and I do not believe it is legal.

Has anyone ever heard of this happening before and can the board get away with this? We are very close to quorum and I do not want to see us do anything that is illegal. We have a couple of members that make the rules as they go.

Thanks in advance.
Mark
RichardP13 (California)
Posts: 1,767
Posted:
Mark

In many instances, you have to two achieve two sets of numbers, one is achieving quorum, just to open the ballots, the second, and most important number, is the actual number of ballots in the affirmative to pass the restatement of the CCRSs. If your old CCRs are like ours, you need with a majority or 51% for quorum and 66 2*3% of affirmative votes to restate or amend the CCRs. So if you have 439 homes, you need 220 for quorum and about 295 yes votes to pass.

But, it is always best to get more than enough ballots to pass. 100% should be a goal.

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