Quote:
Posted By KarenP1 on 02/19/2015 7:01 PM
In our single family home HOA, the DOD is silent on amending. Has anyone ever heard of using the amending provision from the Articles of Inc. and applying it to the DOD instead of using the Virginia POA Act? If so, can you direct me to a legal basis to do so?
Thank you
I assume that the "Deed of Dedication" is what we normally call a Declaration of Covenants, Conditions, and Restrictions (commonly known as CC&R's).
Normally CC&R's contain some provision for amending them and usually require a certain percentage of owners to approve. If your DOD/CC&R's are silent, see if there is any provision in state statutes that cover amendments. If the statutes are silent then you may have to petition the courts to permit an amendment. Of course, your first amendment should be to add a process for future amendments.
The articles of incorporation are separate and distinct from your DOD/CC&R's. The articles establish a corporation while the DOD/CC&R's control real estate. Yours is the first proposal I have ever encountered to try to amend deed restrictions by amending the articles of incorporation.