Covenant Change

CjC
Posts: 210

Posted:

Our association many years ago voted to make a covenant change. They did this via a postcard mailing that residents had to sign and mail back. These were files in the courthouse along with the covenant change. Looking at the postcards, they were signed over the process of at least a year, possibly more (some dates are had to tell). How long does an open vote like this usually have? Do votes have to be submitted within a month, year, decade. Can the association just keep voting open until the required number of votes are submitted? I found this strange it was so long.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It took us nearly 3 years to gather our signatures to make our changes. It doesn't matter the time as much as the number of votes. Time doesn't make the vote less valid. It's the change of ownership that does.

Former HOA President

DouglasM6 (Arizona)
Posts: 724

Posted:

As a BOD, you can take as much time as you want to get the votes, from what our lawyer told me. They just warned us to not appear like we're soliciting for a certain type of vote.

GenoS (Florida)
Posts: 4,276

Posted:

They don't really have a shelf life, but be careful that the laws haven't changed the provisions of the amendment out from under you.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CjC on 08/22/2017 12:49 PM
Our association many years ago voted to make a covenant change. They did this via a postcard mailing that residents had to sign and mail back. These were files in the courthouse along with the covenant change. Looking at the postcards, they were signed over the process of at least a year, possibly more (some dates are had to tell). How long does an open vote like this usually have? Do votes have to be submitted within a month, year, decade. Can the association just keep voting open until the required number of votes are submitted? I found this strange it was so long.

Depends on your Governing Documents and State Laws. Potentially what was allowed "many years ago" might not be allowed now. If you are an HOA and not a condo here is what your statue states with regards to "Amending CCR's":

§ 11B-116. Amendments to governing documents
Currentness
Governing document defined
(a) In this section, “governing document” includes:
(1) A declaration;
(2) Bylaws;
(3) A deed and agreement; and
(4) Recorded covenants and restrictions.
Homeowners associations created before January 1, 1960
(b) Notwithstanding the provisions of a governing document, a homeowners association created before January 1, 1960, may amend the governing document once every 5 years, or more frequently if allowed by the governing document, by the affirmative vote of lot owners having at least two- thirds of the votes in the development, or by a lower percentage if required in the governing document.

https://govt.westlaw.com/mdc/Document/N69D29C604D2211DDAD0ADA88BFC65EB5?viewType=FullText&originatidocumenttoc&transitiCategoryPageItem&c(sc.Default)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JanetB2 on 08/25/2017 1:56 AM

Posted By CjC on 08/22/2017 12:49 PM
Our association many years ago voted to make a covenant change. They did this via a postcard mailing that residents had to sign and mail back. These were files in the courthouse along with the covenant change. Looking at the postcards, they were signed over the process of at least a year, possibly more (some dates are had to tell). How long does an open vote like this usually have? Do votes have to be submitted within a month, year, decade. Can the association just keep voting open until the required number of votes are submitted? I found this strange it was so long.

Depends on your Governing Documents and State Laws. Potentially what was allowed "many years ago" might not be allowed now. If you are an HOA and not a condo here is what your statue states with regards to "Amending CCR's":

§ 11B-116. Amendments to governing documents
Currentness
Governing document defined
(a) In this section, “governing document” includes:
(1) A declaration;
(2) Bylaws;
(3) A deed and agreement; and
(4) Recorded covenants and restrictions.
Homeowners associations created before January 1, 1960
(b) Notwithstanding the provisions of a governing document, a homeowners association created before January 1, 1960, may amend the governing document once every 5 years, or more frequently if allowed by the governing document, by the affirmative vote of lot owners having at least two- thirds of the votes in the development, or by a lower percentage if required in the governing document.

https://govt.westlaw.com/mdc/Document/N69D29C604D2211DDAD0ADA88BFC65EB5?viewType=FullText&originatidocumenttoc&transitiCategoryPageItem&c(sc.Default)

I see no time limit to obtain the votes as per the OP's original question.

Also note the bold part above which basically says these statues mean nothing if your Covenants/Bylaws say otherwise. SC Articles Of Incorporation are riddled with this type wording.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JohnC46 on 08/25/2017 3:22 AM

Posted By JanetB2 on 08/25/2017 1:56 AM

Posted By CjC on 08/22/2017 12:49 PM
Our association many years ago voted to make a covenant change. They did this via a postcard mailing that residents had to sign and mail back. These were files in the courthouse along with the covenant change. Looking at the postcards, they were signed over the process of at least a year, possibly more (some dates are had to tell). How long does an open vote like this usually have? Do votes have to be submitted within a month, year, decade. Can the association just keep voting open until the required number of votes are submitted? I found this strange it was so long.

Depends on your Governing Documents and State Laws. Potentially what was allowed "many years ago" might not be allowed now. If you are an HOA and not a condo here is what your statue states with regards to "Amending CCR's":

§ 11B-116. Amendments to governing documents
Currentness
Governing document defined
(a) In this section, “governing document” includes:
(1) A declaration;
(2) Bylaws;
(3) A deed and agreement; and
(4) Recorded covenants and restrictions.
Homeowners associations created before January 1, 1960
(b) Notwithstanding the provisions of a governing document, a homeowners association created before January 1, 1960, may amend the governing document once every 5 years, or more frequently if allowed by the governing document, by the affirmative vote of lot owners having at least two- thirds of the votes in the development, or by a lower percentage if required in the governing document.

https://govt.westlaw.com/mdc/Document/N69D29C604D2211DDAD0ADA88BFC65EB5?viewType=FullText&originatidocumenttoc&transitiCategoryPageItem&c(sc.Default)

I see no time limit to obtain the votes as per the OP's original question.

Also note the bold part above which basically says these statues mean nothing if your Covenants/Bylaws say otherwise. SC Articles Of Incorporation are riddled with this type wording.

YEP ... But the OP has not posted the section from his governing documents with regards to Amendments. While as you state SC are riddled with this type wording ... in CO any Amendments must be taken at a proper meeting and with quorum obtained in order to attach anything to Citizen's property titles. While I posted the State Law ... have not seen the OP's governing documents

.

CjC
Posts: 210

Posted:

5. Revision of Covenants.
These covenants may be amended at any time or times by the recording of an
instrument signed by owners representing two-thirds of each class of membership. (For
purposes of meeting a two-thirds requirement, when Living Units are counted, the lot or
lots upon which said Living Units are situated shall not be counted.) Provided, however,
that no such amendment shall be effective unless written notice of the proposed
amendment is sent to every owner and the Planning and Zoning Commission of
XXXXXX County and the Board of Commissioners at least ninety (90) days in advance
of any action taken.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CjC on 08/25/2017 6:34 AM
5. Revision of Covenants.
These covenants may be amended at any time or times by the recording of an
instrument signed by owners representing two-thirds of each class of membership. (For
purposes of meeting a two-thirds requirement, when Living Units are counted, the lot or
lots upon which said Living Units are situated shall not be counted.) Provided, however,
that no such amendment shall be effective unless written notice of the proposed
amendment is sent to every owner and the Planning and Zoning Commission of
XXXXXX County and the Board of Commissioners at least ninety (90) days in advance
of any action taken.

INTERESTING ... your HOA not only must provide written notice for any AMENDMENTS to not only the Owners, but also to the local Planning Commission and County Commisioners. You also must give 90 days notice vs the general rule of 30 days. In most HOA's this is only required if the HOA wants to disband and be eliminated to seek such approvals. I agree with others above that much time is allowed ... as it appears from your State Laws and Governing Documents there is no time constraints to amend.

CjC
Posts: 210

Posted:

As of Oct 1st, Maryland just made it a little easier to pass covenant changes.

http://marylandcondominiumlaw.net/2017/05/21/maryland-makes-it-easier-to-amend-condo-bylaws-and-hoa-covenants/

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By CjC on 08/28/2017 12:09 PM
As of Oct 1st, Maryland just made it a little easier to pass covenant changes.

http://marylandcondominiumlaw.net/2017/05/21/maryland-makes-it-easier-to-amend-condo-bylaws-and-hoa-covenants/

Just be sure to keep in mind that is this coming October 2017 and is not in place yet. LOL ... no jumping the gun allowed.