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Started by EmmaB • 8 replies • 1915 views

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EmmaB (Texas)
Posts: 3

Posted:

Hello everyone,
I am new to this site. Actually is the first forum ever I have been to. I am not very computer or internet savvy.
My mother and I have save money our entire lives to buy us a home with space to get 2 horses. About 2 years ago we bought our home. It is in a 3 acre lot. It has a lot of work being done. IT was a very old house and it needed (still does) a lot of repairs. Since is only my mom and I paying, the repairs have been taking a while to get done. The house came with a nice a horse stable. When we bought the house, the HOA contract allowed 2 horses per home. But now they want to allow NO horses. We don't have the horses yet because we have to finish to fix what is broken in the house first. But the main reason we bought this home is because it already came with a stable. That has been our plan.
Also, the house is actually pretty bit up. The value of the house has a lot to do with the stable which is very nice.
Can the HOA just change the rules like that?
Is there anything I can do?
There is a meeting on Friday June 23. I am going to go but I don't know what to tell them. what to ask them.
this is a night mare, any help will be TRULY appreciated.
Thank you!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sounds like this is up for a vote not a decision. So I would vote no and state your reasons.Win a few on your side.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

You, Emma, have some documents that govern your HOA. Which one says that two horses are OK? what's the name of that document? Now, inside that document, somewhere it should say how that document may be changed or revised.

Some documents can only be changed by a vote of all the owners with a high % needed to make the change. Other documents might say that the board of c directors alone can make the change.

So you need to read your documents.

Meantime, how many homes appx. are in your HOA?

I hope you & you mom can get your house fixed. Congratulations on becoming homeowners!

EmmaB (Texas)
Posts: 3

Posted:

The paperwork I have is the Deed restrictions. The one that is in place right now says "No animals, (except 2 horses) livestock or poultry of any kind shall be raised, bred, or kept on any lot or on the common area. however, dogs, cats and other household pets may be kept on lots subject to such rules and regulations as may be adopted by the Association, so long as they are not kept, bred or maintained for commercial purposes.
the one that they want to implement says " No animal, livestock or poultry of any kind shall be raised, bred, or kept on any lot....the rest is the same.

there is a section where it says "the covenants and restrictions of this Declaration shall run with and bind the land until December 31, 1999, after which time they shall be automatically extended for successive periods of 10 years each, unless by duly recorded instrument signed by a majority of the property owners, it is agreed to change or modify said covenants, conditions and restrictions in whole or in part.

EmmaB (Texas)
Posts: 3

Posted:

Hi KerryL1, Im sorry I left one answer out. Approximately 60 houses.
thank you!

PitA
Posts: 1,416

Posted:

.... duly recorded instrument signed by a majority of the property owners, it is agreed to change or modify said covenants, conditions and restrictions in whole or in part.

The covenant / deed restriction by which you agreed to be bound (merely by purchasing) states that a majority may amend same document AGASINST THE WISHES of the minority vote.

Sounds just like an actual democracy.

Should the deed restriction be PROPERLY amended by a majority vote you WILL BE FORCED to comply with the new covenant.

Now for the good news:

NOT by a majority of those that vote

but

by a majority of the TOTAL properties.

You state there are 60 homes

to pass the amendment would require 31 actual AYE votes IN WRITING with (verified) signatures of the actual OWNERS

BEST OF LUCK

and

NEXT TIME

CAVEAT EMPTOR

KerryL1 (California)
Posts: 14,550

Posted:

PitA's remarks are good, Emma, and he wrote what your HOA must do to revise the governing document that a lot of people call the covenants or CCC&Rs or declaration.

Now, perhaps in your bylaws, it says how this must be carried out. It's different in different states, so if your covenants or your bylaws don't help, you might have to turn to TX laws about HOAS. Does, for instance, a letter need to be sent out with a place for owners to sign if they agree witjthe change?

Or can the change only be done by secret ballot?

Before the the July 23 meeting, try to gather people who share your views to attend the meeting and express their opinions. Since, as PiTa confirms, your HOA needs 31 household to vote to change the convenient, I think we might assume that there won't be 31 votes in favor at the meeting????

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Emma:

You said:

unless by duly recorded instrument signed by a majority of the property owners, it is agreed to change or modify said covenants, conditions and restrictions in whole or in part.

If I understand, there are 60 owners. In order for a change to be made, 31 must agree and sign for such a change such as from two to no horses. 30 or less, and the two horses stand.

Do not be fooled by those saying, the majority voting, the majority in attendance, etc. It is clear. The majority of all the property owners (31 of the 60) must agree and sign.

PitA
Posts: 1,416

Posted:

Do not be fooled by those saying, the majority voting, the majority in attendance, etc. It is clear. The majority of all the property owners (31 of the 60) must agree and sign.

DITTO

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