Newbie wondering about changing a rule

I live in a neighborhood with a really good HOA and I appreciate it. I don't want to get too involved in it because I'm already very busy with volunteer work that is the equivalent to a part time job, on top of my full time paid job. But there is a rule that I've recently decided I would like to see changed and am wondering how much effort that would take. I know that you can't just whinge about stuff, if you don't like something, you should get on the board and help out, find out how things work, why things are the way they are, and then maybe change the thing you dislike. So my questions to this forum:

Generally, how hard is it to change a rule? I did inquire about my issue and they simply restated it as policy so it sounds like they are married to it. I'm wondering if it's one of those "we've always done it that way" kinds of things. I like things to have a logical reason, and if there isn't one in this case, I would like to present a logical argument for improving the rule.

Also based on a bad experience my husband had on an HOA for a place he lived in some years back when he couldn't get off the board, how hard is it to resign/retire when I no longer wish to serve? I don't want to be stuck there for life! LOL! That's the main reason why I'm reluctant to get involved.

If you'd like details, here is the issue: we are in a forested area so the "flavor" of the neighborhood that they want to maintain is the appearance of the lovely wooded area. Fences are allowed to be no more than 4 feet high, and of open design like split rail. If you install a picket fence, it has to be 50% open. We are allowed to attach pet mesh to the inside of the rails to keep our pets contained. All fences also must be natural wood, no paint and things like chain link are not allowed - but they really push split rail.

My issue is the height. It's a very dog-friendly neighborhood, which I love. I occasionally dog-sit or foster a particular breed of dog that is very capable of jumping 4 foot fences, so I'd prefer to raise the height of our fence to 6 feet. I'm very happy to maintain the open, wooden appearance, I just want it higher. I've seen some really nice looking open-design fences, so I don't know why they push short, split rail so hard. My thoughts are that we can maintain the GOAL of the open, wooded appearance, with other designs than split rail. Mainly because, yes, I don't like having to leash-walk my dogs in my fenced yard or have to go chase them down when they escape.

Thoughts?

How hard is it to change a rule? Depends on the rule. In your case, it may be people are afraid of spoiling the flavor of the neighborhood, but there might also be a city or county ordinance that limits fence size to 4 feet high. So, I'd check that as well as your governing documents.

Since this is a dog friendly neighborhood, you might want to take an informal poll among your neighbors and see what they think - maybe there are others with large dogs and they're also concerned about them jumping over the fence. I understand you not wanting to join the board because you're already busy, but might there be a way you and a few other neighbors who feel the same way might ask the board to set you up as a special committee to research the issue? You can (and should!) split the work among yourselves - some might poll the rest of the neighborhood, others might research various types of fences. Put together a report of your efforts with recommendations to the board and then see what happens.

The key is getting buy-in from the other homeowners (or a significant chunk of them anyway - some board members might counter with that "this is the way we've always done it," but it's hard to stick with that way of thinking when a bunch of homeowners (all of whom vote for board members) want certain changes. Good luck!

Changing your CCRs can be difficult or easy. It really has to do with what the "rule" you want to change is. If it is something that all homeowners believe is good for the community, you should have no problem. You state that you have a "dog-friendly neighborhood". Is that really true or just something you and other dog owners believe? If your neighborhood is not as dog friendly as you believe there may be a much larger issue to deal with in getting required votes for change. And even if most are dog lovers, that doesn't mean they all want higher or different style of fence.

Sharon,

The good news is that you live in VA and (providing you don't live in a condominium) per VA § 55-513 "A majority of votes cast, in person or by proxy, at a meeting convened in accordance with the provisions of the association's bylaws and called for that purpose shall repeal or amend any rule or regulation adopted by the board of directors."

You will need to read your Bylaws and other governing documents to see some of the specifics. However, the basic process is:

1) Gather support, via petition, from other members (not renters) to call a special meeting of the general membership for the purpose of repealing [Document, Article #, section #, etc.) spell out the rule. This purpose needs to be on each page of the petition.

2) Once you have gathered more than enough signatures, submit the original via certified mail to the Associations registered agent with a copy to the Board and, if applicable, the MC. Remember to keep a copy yourself. The reason to have more than enough signatures is to ensure that you still have enough signatures to call a special meeting in case some signatures are tossed.

Here is a good example of what a petition for a special meeting should look like:
http://www.davis-stirling.com/tabid/1866/Default.aspx#axzz37TIL5U10 (note: this is from a CA website. Therefore, change the references to your own governing documents and applicable sections of VA law).

Hopefully, the Board will comply with the requirements and call a special meeting. If they do not, you will then have extra work to do. However, lets go over that process only if needed.

3) Start gathering support to actually repeal the rule by soliciting proxies (if proxies are allowed)and encouraging attendance. This can be done by knocking on doors, sending out letters, sitting at an information stand at the clubhouse/pool, etc.

Here are some links that can be helpful in your research:

VA Property Owners' Association Act applicable to non-condominiums

VA Condominium Act applicable to condominiums

Virginia Nonstock Corporation Act applicable if your Association is incorporated as a non-profit (most associations are, but check to be sure)

Office of the Common Interest Community Ombudsman not needed now but info you should be aware of if living within a COA/HOA in VA.

Common Interest Community Ombudsman Regulations Again, not needed now but info you should be aware of if living within a COA/HOA in VA.

Hope this helps,

Tim

Sharon,

I think that the first step would be to submit a proposal for a higher fence, explain the issues and see if it is approved or disapproved.