Vote-By-Mail (WI)

Started by DeannaB • 4 replies • 1437 views

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DeannaB (Wisconsin)
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 (Pennsylvania)
Posts: 1,347

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 (Wisconsin)
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 (Colorado)
Posts: 5,067

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 (Wisconsin)
Posts: 21

Posted:

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

Thanks!

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