Is it possibe to change the 90% amendmet figure to 75% before the 50 years are up

Started by DonaldM7 • 4 replies • 1253 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DonaldM7 (Florida)
Posts: 20

Posted:

Amendments. The covenants, conditions, reservations and restrictions of this Declaration may be amended from time to time, but during the first fifty (5O) years may be amended only by an instrument signed by not less than ninety (90%) percent of the Dwelling Unit Owners. , and thereafter, provided this Declaration shall continue to have legal and equitable effect, only by an instrument signed by not less than seventy-five percent (75%) of the Dwelling Unit Owners

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By DonaldM7 on 05/16/2016 6:12 AM
Amendments. The covenants, conditions, reservations and restrictions of this Declaration may be amended from time to time, but during the first fifty (5O) years may be amended only by an instrument signed by not less than ninety (90%) percent of the Dwelling Unit Owners. , and thereafter, provided this Declaration shall continue to have legal and equitable effect, only by an instrument signed by not less than seventy-five percent (75%) of the Dwelling Unit Owners

You would have to get 90% to approve the reduction to 75%.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I believe that 90% could change it to whatever they agree to change it to including to less than 75%.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Yes, with the approval of 90% you can change your CC&Rs. I recommend considering 2/3 rather than 75%. If other changes are needed I would try to combine all into one vote by the homeowners.

I recommend you use a highly qualified attorney and if you can not get 90% to approve you may be able to go to Court and get a judge to approve if you can provide written proof of a strong majority approving the change.

PitA
Posts: 1,416

Posted:

Yes, but only if the 90% vote aye on the proposed change.

There is NO legal 'work-around' to the covenant/contract (to which YOU also agreed).

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here