Petition the HOA

I am the Architectural Spokesperson for our HOA. I have also server on the Board. A couple of years ago, new election rules were published preventing me from running for the HOA because my condo is not my primary resident. I is a second home (not a rental). The new Board which replaced the old Board supported revoking this rule as they felt it was illegal. I petition them to change it. But there was a 2 to 3 vote from the Board to maintain it which means i need to go to court. I have another idea (since I am very popular), to petition the Board (I can get two Board members to second it, and asked that it be be voted on by a simple majority of the members present at the regular HOA meeting. we normally have eleven people show up

Can this work and is it possible......Please post your remarks and my email is [email protected]. I need to get going on this quickly.

Do either your HOA's Bylaws, covenants or Declaration say anything about such a restriction?

Or is this just a "policy" with which a former Board came up on a whim? If it is just a policy without any basis in the Bylaws, Covenants or Declaration, then it is an unlawful amendment of the governing documents.

The courts particularly frown on a HOA limiting voting and election rights. Why? Because disgruntled HOA members running for their HOA Board cause change more quickly and less expensively (to the taxpayer and all others) than HOA members going to the courts.

MichaelB32, I see your Bylaws on the web. I just reviewed the sections on elections and voting, in particular Bylaws 4.01 and 4.05. These have no prohibition against secondary owners running for the board. Hence your Board unlawfully amended the Bylaws two years ago. You should run for the board, inform all of this unlawful restriction, demand that the Board tally all the ballots (even the ballots the board thinks improperly cast a vote for you), and, if the votes you win mean you should be on the board, then write the board a letter of demand to seat you or else.