KevinW10 (Florida)
Posts: 7
Posts: 7
Posted:
Can a amendment to community declarations be done by the lawyer, with the permission of Lennar & the Community Association without 3/4 vote of the total community?
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Can a amendment to community declarations be done by the lawyer, with the permission of Lennar & the Community Association without 3/4 vote of the tot
Started by KevinW10 • 5 replies • 1627 views
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PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
It was addressed in your similar posting.
Yes Lennar can amend if they are still in majority control.
You have stated the HOA is no longer under declarant control so unless the BOD has authority to pass amendments without membership approval it would take a membership vote after turnover to the members/owners. The exact amount or percentage of 'yes' votes may be specified in the bylaws.
Yes Lennar can amend if they are still in majority control.
You have stated the HOA is no longer under declarant control so unless the BOD has authority to pass amendments without membership approval it would take a membership vote after turnover to the members/owners. The exact amount or percentage of 'yes' votes may be specified in the bylaws.
DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
Kevin,
I understand from your previous posts that you are a renter. If that is the case, then you would be better off dealing with the owner from whom you rent as he/she is a member of the HOA and you are not. The owner has standing to question whether the HOA can amend the declarations. The HOA has no obligation to respond to you about such an issue.
I understand from your previous posts that you are a renter. If that is the case, then you would be better off dealing with the owner from whom you rent as he/she is a member of the HOA and you are not. The owner has standing to question whether the HOA can amend the declarations. The HOA has no obligation to respond to you about such an issue.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Expecting that Lennar is the Developer/Declarant, the answer is yes.
This is because when an Association is under control of the Declarant, they typically hold the voting power (as they get x votes per lot while buyers only get 1 vote per lot). Therefore, the Developer likely had 3/4 of the total membership votes and was able to amend the documents.
Sometimes, the developer is authorized enough votes per lot that they can even do this with only owning a few properties in the development.
This is because when an Association is under control of the Declarant, they typically hold the voting power (as they get x votes per lot while buyers only get 1 vote per lot). Therefore, the Developer likely had 3/4 of the total membership votes and was able to amend the documents.
Sometimes, the developer is authorized enough votes per lot that they can even do this with only owning a few properties in the development.
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By DavidW5 on 03/12/2014 10:12 AM
Kevin,
I understand from your previous posts that you are a renter. If that is the case, then you would be better off dealing with the owner from whom you rent as he/she is a member of the HOA and you are not. The owner has standing to question whether the HOA can amend the declarations. The HOA has no obligation to respond to you about such an issue.
Kevin,
I understand from your previous posts that you are a renter. If that is the case, then you would be better off dealing with the owner from whom you rent as he/she is a member of the HOA and you are not. The owner has standing to question whether the HOA can amend the declarations. The HOA has no obligation to respond to you about such an issue.
Agree.
KevinW10 seems to be a troll. So far he has posted at least three threads and this is the only one which even deals with an HOA issue. As David rightfully points out, Kevin is not an owner and has no standing to challenge what the HOA has done.
Kevin's first post dealt with a condo association doing a background check before letting him in. (I suspect that Kevin quite often finds himself on the outside.) As I write this, Kevin's latest thread is another whine about how a property manager is "forcing" him to live in a cockroach-infested dwelling.
KevinW10 may be the same troll who was on this site a few weeks ago posting rants about various minority groups and nonsense about refusing to separate recyclables from the garbage. Kevin's future posts will go into my imaginary "kill file."
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Larry, I think you're right. KevinW10 is a troll.
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