Amending the bylaws in Florida

A homeowner asked to put a fence around the front of her property which is prohibited in the bylaws The homeowner also asked for a type of fencing that is not allowed by the bylaws.
Her request was rejected and she wants to change the bylaw. Our bylaws state that the HOA would have to record the change indicating that a meeting was held for the purpose of amending the bylaws and that a 2/3 of the votes of all members of the association approved of such amendment.
We have 170 homes. We are lucky if 70 attend our "mandatory" General Meeting.
Does the homeowner need a petition from a certain percentage of the homeowners to bring this vote to the floor?
How do we get the word out to the community? Registered mail with proxy votes? What if we do not get enough responses?

Thanks alot.

Hi Mia,

I live in Florida too. I'm not an attorney. Just a homeowner who used to be a Board member.

If I wanted to put up a type of fence around the front of my house, and I my ideas were rejected by the Board of Director's, before I go after amending the bylaws in any way, I would make up a survey with a drawing of my front lawn with the type of fence I want to put up, as well as have a spot for will they attend a meeting to vote on this matter or not, and take this survey door to door to see if other homeowner's would be for or against my type of fence for my front yard. Because, there maybe other homeowner's who were thinking of doing the same thing and were afraid to say anything to anyone, or other's who would say it would bring down the value of their houses. I wouldn't waste my time arranging a meeting that no one would be interesed in and not show up.

Once the survey was done, let's say the majority of the homeowner's who would welcome these ideas and attend the meeting to vote on the amendment.

1) To get the word out to amend is first class mail with the proxies.

2)In this mailing, explain in detail there are two seperate amendments. One for fences to be allowed in the front yard/lawn. The second is the type of fence or fences for the front yard/lawn. How to fill out the proxy, and to make sure htey were notaraized.

3) Then, the details of the amendment itself. Write word for word what the bylaws say now about fences in the front yard/lawn. What the amendment will say about the fence in the yard/lawn, and the type of fences that can be put up in the front yard/lawn. Then, put the whole thing together to show exactly how the amendment looks afterwards.

4) Inform everyone that quorum of 2/3 of the homeowner's is necessary for votes to amend your bylaws for amending a fence for the front yard/lawn. A quorum of 2/3 of the votes are also needed for the type of fences for the front yard/lawn.

To amend the bylaws,your documents inform the homeowner's a meeting needs to take place. Such a meeting for a quorum for 2/3 of the votes can be obtained either at an Annual meeting or a Special Meeting. If your Annual meeting has already taken place then, a Special Meeting needs to be called with the date, time, place and the subject for votes: Fence for the front lawn, and the style of fences.

DO NOT do what my Board of Director's did. They took a survey, called it votes, and amended our articles of incorporations. Big NO,NO. Always have a meeting.

I was given this idea a while back as to how to get more people to attend either Annual or Special meetings; have them on a Saturday when most homeowner's are off from work.

If your survey shows no one is interested, then let the issue go.

I wish this homeowner luck.

Audrey

Audrey, I think a survey and petition is a great idea. I will let the Board and the homeowner know.If they survey shows community interest, we will hold a meeting for the vote. If more homeowners aren't interested, it will have to be dropped.
We try to alternate the meetings. We had Friday night last time and Saturday morning the time before. We unfortunately have to pay for the room-we have no place to hold the meeting except a YMCA. No church, school, or library was willing to have us-prior commitments and stuff.
Thanks.

Barbara K. Amendments to the Declaration of Protective Covenants in Florida do not have to be registered in Tallahassee, but in the County Court House in which the community is located. Only the Articles of Incorporation do go to Tallahassee.