Vote-By-Mail (WI)

Started by DeannaB • 4 replies • 1437 views

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DeannaB
Posts: 21

Posted:

Has anyone any experience with vote-by-mail restrictions/guidelines for Wisconsin?

Our HOA is proposing a mail-in ballot for motions to change our Rules & Restrictions (primarily architectural items) and would like some direction. If there is nothing "legally" binding, has anyone drafted similar rules that we might be able to review?

Thanks!

PaulM
Posts: 1,325

Posted:

DeannaB: There is an answer in your CC&R documents re how to change or add to the restrictions listed there: it will state what percentage of residents is necessary to vote yes on a change; also how an Architectural Request is to be approved. These are officially recorded documents by the developer/builder at the initial creation of the association and if you make a change, the change will have to be officially recorded as an amendment.

If its a change to the 'rules' that the present Board or previous Exec. Board
wants to incorporate, it may not be required to have a resident vote. The reason a Board can change or add to rules is because they are not officially recorded.

Don't know where your 'Rules & Restrictions' fit into the official documents; if indeed, these are your CC&Rs. Some communities have Covenants and Restrictions and Bylaws which are all officially recorded; Rules & Regulations by Boards are not.

DeannaB
Posts: 21

Posted:

Paul - I promise you we do not have any such verbiage in our documents. We also do not have a document entitled Covenants & Restrictions.

I'm sure you're a busy man but if you are at all curious, please see our docs located at:
-Bylaws (http://www.lrmhoa.org/bylaws_11_2006.pdf)
-Restrictions (http://www.lrmhoa.org/rulesandregulations)

The Rules & Regulations are not recorded with out City. The other two documents are.

RogerB
Posts: 4,986

Posted:

Deanna, your Rules and Restrictions are similar to other association's Declaration of CC&Rs. We use a mail-in ballot as the primary means of approving amendments to the CC&Rs. These are different than "Rules and Regulations" which often can be approved by the Board of Directors. You can view examples of each at www.CypressGreensHOA.com.

DeannaB
Posts: 21

Posted:

Paul~do you have a sample ballot I could see? My email is [email protected]

Thanks!

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