GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
My HOA is considering several amendments to our CCRs which will be placed in front of the homeowners at the next annual meeting for their approval. My question is about the numbering of sections in the CCRs with potentially more than 1 amendment making changes. Tweaking section and paragraph numbers that don't affect the actual text seems like it should be trivial, but we aren't so sure about that.
The first amendment is an omnibus amendment that will bring several different sections of the CCRs up to date and into compliance with changes in the law over the last 20 years. We think this will not be too controversial and estimate a 75% chance of success that the owners will vote to approve it. This amendment will ADD a new "Section 1" to the CCRs resulting in all the section numbers that follow it will be increased by 1.
The second amendment makes changes to what is currently "Section 4" of the document.
What happens if the first amendment fails to pass? Do we need to have TWO versions of the second amendment ready for the homeowners to vote on? One conditioned on approval of the first amendment and thus making changes to what would then be "Section 5" and another conditioned on the rejection of the first amendment in which case "Section 4" will remain as "Section 4"?
Can amendments be worded to anticipate and account for unpredictable changes in document structure and numbering as a result of earlier amendments considered at the same meeting? Conceivably, an early amendment could change the numbering of the sections right out from under a subsequent amendment that seeks to amend a later provision in the document.
We're going to be considering 4 amendments in total and there are 16 distinct outcomes possible. Is there a standard way to account for all the permutations that exist? We don't want to draft 16 different sets of amendments where the only differences between them are paragraph numbers.
I can't get past the idea that if the attorneys draft an amendment that makes changes to "Section 6" then it would not be proper for the board and/or the owners, during the annual meeting, to manually re-number the paragraphs and tell the owners, "forget what the attorney sent us and what we sent you to review 14 days ago.... we're all voting on this revised amendment now." I can see that not ending well.
Is it not possible for an owner at a meeting considering amendments to say, "Yes I want to change the satellite dish restriction to reflect FCC OTARD rules, no I don't want to allow RVs to park in the clubhouse lot, yes I approve of these new pet restrictions and no, I don't want to restrict an owner's right to lease his home," all with a tacit or explicit acknowledgement that the document will be re-numbered sequentially once all the approved amendatory language is incorporated? Can it be done with one big amendment where the owners can pick and choose which parts they want to vote in favor of and which parts they are not in favor of?
I really hope that I'm making this more complicated than it needs to be. Thanks in advance for any advice, I'd be most grateful.
The first amendment is an omnibus amendment that will bring several different sections of the CCRs up to date and into compliance with changes in the law over the last 20 years. We think this will not be too controversial and estimate a 75% chance of success that the owners will vote to approve it. This amendment will ADD a new "Section 1" to the CCRs resulting in all the section numbers that follow it will be increased by 1.
The second amendment makes changes to what is currently "Section 4" of the document.
What happens if the first amendment fails to pass? Do we need to have TWO versions of the second amendment ready for the homeowners to vote on? One conditioned on approval of the first amendment and thus making changes to what would then be "Section 5" and another conditioned on the rejection of the first amendment in which case "Section 4" will remain as "Section 4"?
Can amendments be worded to anticipate and account for unpredictable changes in document structure and numbering as a result of earlier amendments considered at the same meeting? Conceivably, an early amendment could change the numbering of the sections right out from under a subsequent amendment that seeks to amend a later provision in the document.
We're going to be considering 4 amendments in total and there are 16 distinct outcomes possible. Is there a standard way to account for all the permutations that exist? We don't want to draft 16 different sets of amendments where the only differences between them are paragraph numbers.
I can't get past the idea that if the attorneys draft an amendment that makes changes to "Section 6" then it would not be proper for the board and/or the owners, during the annual meeting, to manually re-number the paragraphs and tell the owners, "forget what the attorney sent us and what we sent you to review 14 days ago.... we're all voting on this revised amendment now." I can see that not ending well.
Is it not possible for an owner at a meeting considering amendments to say, "Yes I want to change the satellite dish restriction to reflect FCC OTARD rules, no I don't want to allow RVs to park in the clubhouse lot, yes I approve of these new pet restrictions and no, I don't want to restrict an owner's right to lease his home," all with a tacit or explicit acknowledgement that the document will be re-numbered sequentially once all the approved amendatory language is incorporated? Can it be done with one big amendment where the owners can pick and choose which parts they want to vote in favor of and which parts they are not in favor of?
I really hope that I'm making this more complicated than it needs to be. Thanks in advance for any advice, I'd be most grateful.