ChrisO6 (Missouri)
Posts: 1
Posts: 1
Posted:
Here is the situation. We have a condo cabin/duplex the is zoned commercial and was built for the sole purpose of vacation rentals. The declarant also owns a vacation rental company and wrote in a special section that states only his company can do vacation rentals.
So just vote to change it, right. By default, it takes 67% of owners to change the decs and bylaws...except this one, where the declarant wrote in a special clause that it requires 100% plus declarant approval. We are way past declarant control begin gone, but the declarant purchased 1% of a property and that owner gave up their rights to vote to him...so no way to ever get 100%.
A majority of owners what to remove this exclusive clause from the decs and bylaws, but just cant find a good way without going to court.
Over the last 5-7 years, many people have started to rent on their own and now the board is starting to send out a few violation notices. Oh, the declarant, which his 1%, still sits on the board so he now wants to enforce as more people rent outside of his company.
Does anyone know of similar situations, case law, etc. that might help?
So just vote to change it, right. By default, it takes 67% of owners to change the decs and bylaws...except this one, where the declarant wrote in a special clause that it requires 100% plus declarant approval. We are way past declarant control begin gone, but the declarant purchased 1% of a property and that owner gave up their rights to vote to him...so no way to ever get 100%.
A majority of owners what to remove this exclusive clause from the decs and bylaws, but just cant find a good way without going to court.
Over the last 5-7 years, many people have started to rent on their own and now the board is starting to send out a few violation notices. Oh, the declarant, which his 1%, still sits on the board so he now wants to enforce as more people rent outside of his company.
Does anyone know of similar situations, case law, etc. that might help?