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RonC7 (Florida)
Posts: 6
Posted:
I recently purchased a property and in the process of building. At the same time the community of 21 lots was in the process of revitalizing the Association. 100% of the lot owners signed the consent to revitalize the documents. The attorney then sent the request to the Florida Department of Economic Opportunity who approved it in accordance with the State Law. The attorney then established the the Association as a non profit corp and filed those documents. The next step was finalizing the Bylaws. The lawyer then stated that then we could amend the declaration of restrictions to incorporate them. Although 100% signed to revitalize the HOA, only 15 owners signed the amended deed restrictions. The original deed restrictions stated 3/4 of the owners are required to amend the documents, which is 15.75, we got 15 signatures. The new bylaws say 2/3 required for amendments, which is 14 signatures. It was all done by the attorney, but the question has surfaced that we may not be legal. I was just voted as the president. Please help.
GenoS (Florida)
Posts: 4,276
Posted:
What are you trying to do? Amend the CCRs to include the bylaws by reference? If the bylaws say 2/3 to amend then that only pertains to the bylaws themselves as far as I know. If the CCRs say 3/4 to amend then you need 3/4, even if the amendment is just to incorporate the bylaws by reference (and the bylaws require a lesser percent of the vote).

If your lawyer can't explain it to your satisfaction then, to me, that would be a red flag and I'd pay to get another lawyer's opinion on the matter. You went through the trouble of revitalizing, don't skimp now when you're almost done. Make sure everything is crystal clear.

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