Can a Board of Directors challenge the vote of the membership?

Our association consists of 19 homes and 21 vacant lots. With the aid of multi-lot owners [16 lots], several association members were able to achieve a majority vote on a very important issue to amend our Covenants and Restrictions. The majority of the 19 residents voted against the amendment but it carried because of the vote of the vacant lot owners. The amendment effects the property values of the 19 homes. The Board is against the amendment. Does anyone have any experience in matters where a Board wants to challenge a bad membership vote?

Robert

You could challenge the vote it if it was taken improperly. You could legally challenge it assuming something illegal was done. You could also repeal/modify it and vote on it again. The BOD not liking it means nothhing.

Your post indicates that several of the homeowner/residents sided with the lot owners. Did any of the lot owners side with the homeowners.

What was the amendment about? What was the actual vote count and broken down if possible.

Thanks

Not necessarily true.

In fact our CCRs as written cannot be changed by a "vote". It has to be in writing by all members with a signed affidavit and the change/amendment/deletion is only binding if a certain percentage of those signed affidavits are in the affirmative. We have had people try to change our CCRs by vote at an annual meeting.

And then don't forget state law trumps everything. It really depends on what the change to the CCRs is and does it conflict with any state law. Large sections of our Bylaws and even our CCRs are in fact null and void due changes to the Washington State HOA Act.