ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
Wish me luck! Ballots were mailed out...only need 51% here which will be like 200 votes!
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Amending Declarations
Started by ErinA1 • 18 replies • 1043 views
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KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
51% must approve, right, Erin?
ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
Yes
AdamD1 (Indiana)
Posts: 179
Posts: 179
Posted:
Good luck! We need 2/3 in our 400+ apathy stricken HOA, so we probably will never achieve such a task anytime soon. If you don't get the votes returned, are you guys prepared to go knocking on doors? 
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By AdamD1 on 03/19/2018 5:10 PM
Good luck! We need 2/3 in our 400+ apathy stricken HOA, so we probably will never achieve such a task anytime soon. If you don't get the votes returned, are you guys prepared to go knocking on doors?
Good luck! We need 2/3 in our 400+ apathy stricken HOA, so we probably will never achieve such a task anytime soon. If you don't get the votes returned, are you guys prepared to go knocking on doors?
You should have have been going door-to-door from DAY ONE.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
We have a Covenant change vote coming up. It will be done via ballot/proxy with a 30 day time to vote. We (the BOD) will be kept aware of the voting (not a secret vote) and we will go door to door if needed to get the vote to go our way.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Good Luck!!! If you have had meetings discussing the issue or the BOD members have met with owners on why it is needed then hopefully it will pass. We amended our CCR’s last year and received 100% of owners agreement. It is possible if you have laid out and covered all your bases.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
You may know this, Erin, in IL condo associations, a law was a passed that gives you access to all owners email addresses and phone numbers. There's bitter opposition to it and it may not last too long. See the "News" portion of this site. But, IF you're a condo, you can send email reminders for folks to vote. that's IF, of course, you HOA has these on file.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By AdamD1 on 03/19/2018 5:10 PM
Good luck! We need 2/3 in our 400+ apathy stricken HOA, so we probably will never achieve such a task anytime soon. If you don't get the votes returned, are you guys prepared to go knocking on doors?
Good luck! We need 2/3 in our 400+ apathy stricken HOA, so we probably will never achieve such a task anytime soon. If you don't get the votes returned, are you guys prepared to go knocking on doors?
Adam
For my HOA it is 51% for Bylaw changes and 2/3rds for Covenant changes.
ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
Thanks, I didn't know that. We are a Master association with Condos.
ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
John, is it common to have a 30 day voting period? I am in Illinois so not sure if that differs. I haven't seen anything in our Declarations/By-Laws.
ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
We have about 400 homeowners (give or take) the issues have been on-going for about 3 years but I am sure half of the homeowners are not aware.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By ErinA1 on 03/22/2018 1:40 PM
John, is it common to have a 30 day voting period? I am in Illinois so not sure if that differs. I haven't seen anything in our Declarations/By-Laws.
John, is it common to have a 30 day voting period? I am in Illinois so not sure if that differs. I haven't seen anything in our Declarations/By-Laws.
Our lawyer is setting it up and says a period of time for all to vote is acceptable. The lawyer is preparing the package. An owner will receive the Covenant modification (actually simple removing two statements) and a Proxy/ballot asking for their approval. There will not be a yes or no vote. They approve it and return the Proxy or ignore it and do not return it.
There will be a discussion/handout about the change at the Annual Meeting. There will then be a mailing of the handout to all owners. There will be a Special Meeting called for discussion on the change. Then the actual change wording and Proxy will be mailed out to each owner.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Are you completely restating your entire CC&Rs, Erin? Or just making a few amendments? Or? You're 400 units? Or Owners?
I don't think there's any legal time limit. Your attorney can advise you based on what's typical for what kind of amendments--lots or only a few. Also, the board can probably reconvene on the matter and make a new deadline. Wait....you DO have attorney, for this project, right? I know that 2nd and even 3rd mailers are common.
Everyone says to knock on doors but that's logical when you have a high rate of owner-occupants. We have 30% renters in our 200+ unit condo towers, s we'll send mailers to those who haven't yet voted after probably 2 weeks.
I don't think there's any legal time limit. Your attorney can advise you based on what's typical for what kind of amendments--lots or only a few. Also, the board can probably reconvene on the matter and make a new deadline. Wait....you DO have attorney, for this project, right? I know that 2nd and even 3rd mailers are common.
Everyone says to knock on doors but that's logical when you have a high rate of owner-occupants. We have 30% renters in our 200+ unit condo towers, s we'll send mailers to those who haven't yet voted after probably 2 weeks.
ErinA1 (Illinois)
Posts: 43
Posts: 43
Posted:
It was pretty awful...our residents were not properly updated and it ended up being a pretty heated meeting. We didn’t have half of the votes anyway. But we learned a lot!
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By KerryL1 on 03/22/2018 2:18 PM
Are you completely restating your entire CC&Rs, Erin? Or just making a few amendments? Or? You're 400 units? Or Owners?
I don't think there's any legal time limit. Your attorney can advise you based on what's typical for what kind of amendments--lots or only a few. Also, the board can probably reconvene on the matter and make a new deadline. Wait....you DO have attorney, for this project, right? I know that 2nd and even 3rd mailers are common.
Everyone says to knock on doors but that's logical when you have a high rate of owner-occupants. We have 30% renters in our 200+ unit condo towers, s we'll send mailers to those who haven't yet voted after probably 2 weeks.
Are you completely restating your entire CC&Rs, Erin? Or just making a few amendments? Or? You're 400 units? Or Owners?
I don't think there's any legal time limit. Your attorney can advise you based on what's typical for what kind of amendments--lots or only a few. Also, the board can probably reconvene on the matter and make a new deadline. Wait....you DO have attorney, for this project, right? I know that 2nd and even 3rd mailers are common.
Everyone says to knock on doors but that's logical when you have a high rate of owner-occupants. We have 30% renters in our 200+ unit condo towers, s we'll send mailers to those who haven't yet voted after probably 2 weeks.
That becomes a problem. The mailers should not have been paid for by the association as someone who has an opposite point of view should be afforded the same opportunity.
When my old association updated its Bylaws in 2010, the ballots were mailed out and paid for by the association, but the campaign was paid for privately.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Follow-up mailers paid for by the HOA ,would simply be to urge Owners to vote, (who hadn't) without expressing a point of view.
DouglasM6 (Arizona)
Posts: 724
Posts: 724
Posted:
Quote:
Posted By ErinA1 on 03/27/2018 8:38 PM
It was pretty awful...our residents were not properly updated and it ended up being a pretty heated meeting. We didn’t have half of the votes anyway. But we learned a lot!
It was pretty awful...our residents were not properly updated and it ended up being a pretty heated meeting. We didn’t have half of the votes anyway. But we learned a lot!
Sorry to hear that, Erin. It's a tough room, as they say, when you try to get everyone on the same page and most hate the "thought" of the HOA anyway. Don't give up. The HOA I'm a part of now has been trying for 20 years to get the 2/3'rds votes to make a change to the CC&R's. We finally got it this year. Just keep trying, if it's important it's worth doing.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Erin
Refresh my memory what the change was about.
Refresh my memory what the change was about.
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