How to repeal an amendment in NC HOA

Started by MarkS34 • 5 replies • 1674 views

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MarkS34 (North Carolina)
Posts: 3

Posted:

Our HOA is controlled by a board comprised of representatives of the builder and one owner. The owner was the result of an amendment the also changed the transfer to the owners from 90% sold to 100%.

We are now one away from 100% but there's a holdup in the permit for the land. According to our covenants, each homeowner has 1 vote and the builder gets 9 votes for each property they hold. Needless to say, we outnumber them.

What do we need to do to repeal the amendment so we can gain control of the HOA?

TimB4 (Tennessee)
Posts: 21,059

Posted:

You would need to petition the Board to call a special membership meeting for the purpose of amending that one document.

However, it may be easier to simply work with the builder and request that a transistion board be created of members in order to prep gaining control of the Association. There is a lot of work that has to be done when the membership gains control.

Here are some links on the issue:

Transition Study,Reserve Study What’s the Difference?

Subject: HOA turnover question

The one thread has additional links that would be helpful to you as well.

Hope this helps,

Tim

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mark,

Your declaration should have some means for amending it. Usually the owners have the power to amend with or without the consent or participation by the HOA and/or its board.

Normally, amendments are made by a specific minimum percentage of lot owners, which is not the same as the number of votes one may cast in HOA matters.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mark

Will control not pass automatically to the owners when they last home/land is sold? If yes, then it might be easier to wait for that rather then go thru modifying the amendment.

If the developer is willing, maybe they could sign their rights away and allow transition to the owners to happen.

MarkS34 (North Carolina)
Posts: 3

Posted:

The final house should get approved soon after a stormwater requirement is met. I think we've collectively decided to fight another battle since we don't want to be financially on the hook for the stormwater cost.

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