Proposed bylaw amendments

Does anyone know if homeowners in Texas, have the right to propose amendments/amendment revisions to existing bylaws? Currently the Board has the right to prepare and publish the agenda and their own proposed amendments. Some property owners in our association here in Texas, want to address other changes, which the Board refuses to include in the upcoming annual meeting notice. Any suggestions would be greatly appreciated.
Many thanks,
Ike

Joe W advice is sound. I read that there is no provisions in the By-laws or Master deed. If this is true, and I doubt it, then your problem is not making amendments as much as it is to re-examine all your documents, try and find a copy of another HOA or Condo in your area and compare documents. Also do an internet search to find out if your state has any governing documents. Go to the court house and look up your documents. It seems clear from your post that you have significant gaps in your knowledge of how your association is run. No quick fix, I'm afraid, you just need to know more before you can make a change. Maybe a board member would give you some private information on how to get things done. Your association will probably turn out to be similiar to the other associations, at least in your county and likely has some state statutes. What you are trying to do doesn't sound like an impossible task, done every day through the world.

I am sure there will be others that will post with maybe more specific information, but they will be unablee to do the leg work that may need to be done.

KennyD,

08/01/2007 5:34 AM Quote Reply
We have just made amendments revisions to our existing bylaws through our attorney here in Austin. But that was through the HOA board members which we are home owners. So to answer you question, no a homeowner alone can not have the bylaw revise.

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Any official action has to be made through or more correctly with "approval....vote" of the board. But you can be assured that the initial question about the ammendments was made by a single homeowner, that could or could not be a Board member. If you have amended the By-Laws, what was the procedure used. I would venture to say that all amendments require a vote of the membership. If not, that would be a good place to start to revise all your By-laws. Keep in mind the Power of your documents go somethine like this with the first Item having more power than the other items listed in order.

I will start with the State Statutes, then comes:

State Corporation (are you a corporation listed with the state?)

The Declaration

The Master Deed

The By-laws

Rules and Regulations

Normally, your documents will address "amendments", somewhere.

My last post gives lots of places to find out where you, "personally", and where your organization fits into the scheme of an HOA under the State laws.

Suppose none of what I am saying applies?

Then, I am afraid you need to seek legal or more likely political council.

IkeW:
Another solution, in addition to those already posted here, might be to create a Petition, with members' signatures, of those who are in favor of wanting to 'address other changes' for proposed amendments.
Send to the Board President and word it in such a way as to state that you want the right to present your concerns for additional changes/amendments to the existing Bylaws.

Check your Bylaws which should alert you to the percentage of members necessary to vote in a new amendment, and ensure that you have that many members' signatures on your petition request.

If the Board will not address your request, then your only recourse is to alert the Board that you want to call a 'special meeting' for this exact purpose. Your Bylaws should state how to do this and what process to follow. Usually, a special meeting is called by the homeowner/s for one specific purpose, and the homeowner/s conduct the meeting. The Board can choose to attend or not, but they do not control the meeting.