I Think Our MC IS Wrong..I Need Opinions

Started by PenyW • 6 replies • 1462 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

PenyW (Pennsylvania)
Posts: 43

Posted:

Hi Folks,

Our's is a fairly new board (all the old board resigned last September) and we've been working with ur management company to rewrite the rules and regs to clarify some of the language and remedy some items that conflict with our Declaration. The rough draft of the new Rules contains an item regarding vinyl fencing. Our Declaration (that requires a 90% vote to change) specifies that wood is the only material allowed for fences. The "revised" rule states that since vinyl fencing wasn't available at the time that the Declaration was written (late 1980's), the Board has decided to permit vinyl as a fencing material. I don't think we are allowed to just make changes like that without going through the procedure for amending the Declaration. Any thoughts or opinions from those of you who are better versed in the ways of HOAs? I'd appreciate input. Our development consists of 137 single-family homes in Chester County PA.

Jadedone4 (Virginia)
Posts: 495

Posted:

... might be the blind leading the blind here .. (but since I have extensive contract experience, I will rely on my Spider sense)...

First review your ArtsOfInc, Bylaws, and other governing doc's for what exact is the requirement for changing/admending. Follow the rules there, and garner the proper votes to update the documents to address the changes (addition of vinyl, or elimination of wood), to met your criteria now (and plan for the future in terms of understanding that wood could very well become unavailable, or just cost effective, or consider the esthetics of either). Outside of wood being eliminated from the planet, I would say that you MUST follow your governing doc's in order to make a change (if they call for 90% for a 137 unit community, get out the flyers and start knocking on doors to effect notice for a planned meeting) Also, if vinyl is the preferred replacement, then make sure that you show your membership what the pro's and con's are to switching/adding vinyl to approved materials.

Just my half a penny's worth.....

RobertR1 (South Carolina)
Posts: 5,164

Posted:

You might want to give some thought, while you are changing the Documents. to lower that 90% requirement. This is unreasonable and proven that there can be all kinds of reason to amend documents. Also look you documents over closely to determine if there are unreasonable requirents or outdated actions that should be deleted, such as references to a developer no longer involved. You may give some thought to what about your documents work well and maybe giving these a little more authority or change the wording to make them more effective. Now is the time to do it when you open the door.

JulieS (Georgia)
Posts: 412

Posted:

We need a 2/3 majority vote to admend the covenants and by-laws. We have a document called 'design standards' created by the board of directors a number of years back. This gives specifics on items including types of fencing allowed and can be changed by the board at anytime.

PenyW (Pennsylvania)
Posts: 43

Posted:

Robert, if we're going to the trouble of getting 90% to amend the fence issue, I think we might as well go for amending the "90%" rule, too. I agree that 2/3 is a more reasonable number.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I agree and would not hesitate to expand your field of action and get input about any other areas that are out of wack.

RogerB (Colorado)
Posts: 5,067

Posted:

Peny, if the Board creates a Rule which conflicts with the Declaration it has no authority since it is in conflict with the Declaration. You must get 90% approval to amend the Declaration unless your state has created a statute which lowers the percentage. Colorado did amend the Colorado Common Interest Ownership Act so that the maximum is now is 67% and less if the HOA's Declaration specifies (such as a simple majority or over 50%). If you need to amend at 90% I suggest amending the requirement to amend to 67% and deleting entirely the specifics on fencing materials. Such items as fencing materials are more appropriate as guidelines set by the ARC. Flexibility is desirable for construction materials because there will be new material developed in the future.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here