Timeline for filing amendment to CC&R?

Started by DianneI1 • 6 replies • 1486 views

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DianneI1 (Washington)
Posts: 2

Posted:

What if at the annual meeting of our HOA we unanimously voted to support an amendment to our CC&R, and then the declarant chose not to file the amendment. Is this legal for her to not file amendment? Thank you. What recourse do we have?

TimB4 (Tennessee)
Posts: 21,062

Posted:

What was the actual vote count?
Was the vote via written ballot or voice vote?
How many votes/membership percentage does it take to amend your CC&Rs?
Was the amendment published in the notice of the meeting?
How many members were in attendance at the meeting?
Was there a quorum at the meeting?
What rights does the Declarant have concerning amending the CC&Rs?

All of these questions need to be answered before one could even offer an opinion if the amendment was properly adopted or not.

Typically, a Declarant has enough voting authority to override the members desire. To determine what the Declarants voting authority is, you will need to review your main governing documents (CC&Rs, Articles of Incorporation, Bylaws)and applicable HOA/COA laws.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Diane,

This all depends upon the wording of your declaration. It would be helpful if you can quote the section of your declaration regarding amendments.

I am not a big fan of voting for amendments as there is too much room for chicanery. A more favorable method would be for each owner to sign a document approving a proposed amendment and recording the signatures along with the amendment when enough owners have approved.

CyrstalB (Maryland)
Posts: 457

Posted:

Quote:

Posted By LarryB13 on 03/26/2014 8:13 PM
Diane,

This all depends upon the wording of your declaration. It would be helpful if you can quote the section of your declaration regarding amendments.

I am not a big fan of voting for amendments as there is too much room for chicanery. A more favorable method would be for each owner to sign a document approving a proposed amendment and recording the signatures along with the amendment when enough owners have approved.

Very good point Larry, in this day and age a homeowner may vote yes today, but tomorrow they will deny it to the ends of the earth if it suits them.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dianne

As Tim said, typically the Declarant has enough votes/controls to do as they wish regardless of what the owners want.

RayC4 (Virginia)
Posts: 173

Posted:

I took Dianne's question differently. She says "we unanimously voted to support an amendment..." Assuming the Declarant has votes (and probably controlling votes) that means he voted for the amendment too.

Then, for reasons Dianne did not share, he had a change of heart or whatever -- and refused to file the amendment which had been duly carried.

Different legal issue there. If the Declarant controls 'enforcement', the members need to ask a Court for an interpretation (i.e. declaratory judgment).

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dianne:

Welcome to HOATalk. You did not state whether you are a Condominium or Single Family HOA. As Tim stated above there are questions which need to be answered for anyone to fully understand the issue, especially with a declarant involved. One of my questions would be did the declarant also vote and agree to as you stated "unanimous" vote to amend?

If you do not have here is a link to your State Statutes:

http://apps.leg.wa.gov/RCW/default.aspx?Cite=64

Chapter 64.34 is the Condominium Act
Chapter 64.38 is Homeowners’ Associations

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