HOA by laws during the development period can the board change the by laws or only the declarant

During the development period at a Del Web development can the boa d members change the bylaws or is only the declarant until they are gone ? Our board thinks they can change the bylaws even though the development period is not over .

If the declarant/developer is still in control, and being a Del Webb property, I am sure they are, they also control the Board. Typically the answer in these situations, the developer, through its Board can make changes, without membership vote, until the development is turned over to the owners.

Interesting whether we can use this to our advantage. We are in a new neighborhood, many new owners in our neighborhood including myself are upset of how the developer scammed us by only providing a very incomplete version of the governing documents which has resulted people being surprised by the reality of the neighborhood which they only learned after they have moved in. And to learn that some annoying builder set rules won't just go away after developer turns the board over to the homeowners in the future as they are part of the CC&RS. And to change CC&Rs after the handover would be very difficult as it would require 2/3 majority vote which lowers its possibility as we all know how people loathe to voice their opinions on the ballot no matter what they think about it.

In California failure to disclose full CC&Rs or all other documentations is a violation of the business and profession codes. Which can lead to heavy fine and penalties for the developer. Though owner's would need to be willing to stand up for themselves.

We been thinking whether the residents should join together and threaten to report the developer before the handover unless they nullify the rules that pertains to obligations of residents or change them to more fit resident's needs. The other option may be to have the board go after the developer after the handover.
Our management company states that they could be changed but it would be difficult as they are part of the covenants and not just the rules. Though can the builder change them without going through such hoops? Also since they failed to disclose, shouldn't the non disclosed portions be unenforceable to the owners and future board members? As you cannot know what you are not disclosed of.

Yes we know that their actions are intentional, as we received many different copies of the necessarly documents, the binder, the CD, and a USB they all contain the same exact documents on file but the missing portion remains missing in all these media. So I doubt its by accident. Its the same way with many neighbors who bought at around the same phase as me.

Vicjos, you've complained on many threads about not receiving the complete documents when you closed escrows. You say that others are upset too. Why not gather a few of you together to chip in and visit an HOA attorney for their opinion? Complaining to us over and over isn't going to solve the problem.

George,

You had some good advice.

The answer to your question will be within the Bylaws themselves.
There should be an area that says how the bylaws can be amended.

If this is silent, then look to corporate statutes for your State.

Hope this helps,

Tim

In actual practice:

While under developer control the BOD is appointed/elected by the developer.

While technically the bylaws may be changed only by the BOD, the directors are CONTROLLED BY the developer .... ergo: the developer can change ANYTHING THEY WANT.

CAVEAT EMPTOR

I always get curious about board members from the builder and their role to the community during buildout. In our experience it’s mysterious as they often appear to be indifferent or just don’t know what is going on in the community. They don’t even know anything about the builder’s plans on the community. Ie when we asked about when they are going to repave the completed part of the community they appear to say that they don’t know a thing though very interesting just a week after the meeting the builder arranged the repaving of the community. Overall they are just pretty tight lipped. Homeowners just have no way of knowing how or why they do things the way they do. And it appears the manager is always the one doing the taking. It’s almost like the manager is the one running the board.

Our handover is coming soon. Now we just want to know whether the builder’s board members could be able to change the CC&Rs they failed to disclose to us so we don’t have to do the ardious task of changing the CC&Rs in which their lawyer say it’s expensive and require 2/3 vote by all owners. And we know based on historical data the participation rate l public votes of any kind are often low no matter what the topic.

Though it would be less expensive for the builder than if owners jointly reported the builder for the violation of the business and profession code for hiding the CC&Rs. which would result in a $10,000 fine per household. At least in the state of California.
We are thinking when the homeowners are taking over to warn the builder either to fix it, remove it or face the consequences.

John,

I see you are agreeing with yourself.
Bored?

it might be more interesting reading - you arguing with yourself.
Of course, such action may have other results then simply interesting reading.