changing amendments

Charles

I am not nor do I play a lawyer, especially in FL.

50% plus one would mean 301 members at your meeting. The question then becomes how many of the 301 must agree to an amendment change? There is no standard answer. The answer will be in your docs. Typically it will take from 50% to 90% depending on the change. Unless a hot button issue and/or something that has been worked hard on (voter turnout, proxies, etc.), I would expect many associations could not get 50% of their members at any meeting.

Not uncommon for the only things that can be voted on during a BOD meeting are items on the meeting agenda and people would have to be properly informed of.

Typically a Special Meeting can only be called to discuss a specific/posted issue. Like a clearly defined/documented amendment change. It cannot be called to "wing" things.

Rarely can an owner make a motion from the floor. That said, I assume there are exceptions.

It is not like well let us just gather a bunch (or even all) of owners together and make changes on the fly. Such would be easily challengeable in a court of law.

There are many other aspects to your post. I am sure others will chime in.

This is what our documents say:

Covenants Article V CHANGES, AMENDMENT AND TERMINATION

Upon affirmative vote by a majority of thoss members of record in the owners Aassociation attending in person or by proxy on a proper Resolution at a proper owners meeting, the members of the owners assocaition may amend or modify such provisions of this Declaration as they deem necessary or desirable.

Again, is there a procedure one follows? It seems to me that at every board meeting, owners can amend

Look in your Articles of Incorporation of your Association. I have found a reference to amending our CCR's in all three of our "documents". Each one giving one more piece of the puzzle in order to do it correctly.

I am surprised that that Article you speak of doesn't say more than just a majority, however if that is all you can find on it, then you have your answer.

Good luck,
JFK

We changed and updated our documents. It took us almost 3 years and nearly $3K... A few suggestions: Make sure to update information that is already in the documents. That is like addresses and removing references to the developer if no longer involved in the HOA. Any planned changes should be made on a separate list so people can just read that short list for the changes they are voting for or against. You will need a lawyer to file the paperwork and to help draft the documents. They will also help with getting the proxy documents needed to take the vote.

A most helpful suggestion: You can skip the "Special meeting" requirement. This will allow you all to go door to door or have people sign on their schedule or at the regular meetings. The lawyer will have to draft this for you. Essentially you will have 2 voting sheets/proxy. The first is to vote for the changes. The second is giving up your rights to attend the special meeting to allow one to vote. Giving up your right to attend the special meeting still allows the vote to be valid without setting up special meetings to do it. A real time and effort saver.

I also suggest that you can go to an office supply store. They have some documents related to the HOA that may help. It's kind of hard to find. There are "Do it yourself" type of documents with CD's for like $20. Some of them cover things like "Rental agreements". However, there are a few with corporation setups and the like. Really a good tool as they come with the document and/or CD to refer to.

Make sure what documents you need recorded and where you must do it. By-laws do NOT always have to be filed. They are usually considered internal HOA documents. It is a courtesy to file them with the CC&R's and good business practice. Just make sure to verify this in YOUR STATE. CC&R's are the more legal binding and restrictive to the deed. Those are filed at the LOCAL county office. The Articles of Incorporation are filed with the STATE. If you have an ARC, then that also falls under typically just HOA documentation.

This is a quick run down. Hope it helps!

Of course, where there's humans there's bias.

And often people will pose their question or skew the facts to promote favorability.

While I'm always skeptical there is the (high) probability of ignorance too.