BillM3 (Texas)
Posts: 1
Posts: 1
Posted:
Our HOA has been active, in our gated community, for a little over 11 years. I was appointed to the ACC approximately 6 months ago so I'm new to this. I've spent quite a bit of time studying the wealth of information the forum's archives and I'm learned a lot. Your knowledge and help is invaluable.
After studying my HOA's By-Laws and Declaration I find that the BOD has the power to promulgate Rules and Regulations but to date no previous BOD has done that, and the current president isn't sure that R&R's are needed. He thinks that the By-laws and Declaration are sufficient then he complains that they are difficult to understand and should be in layman's terms.
The Declaration and By-laws also states that our ACC can promulgate Residential Design Guidelines and that heretofore has not been done. The president asked me to look into rewriting the Declaration since the chairman of our ACC just resigned in frustration. He told me to word it so that it's in simple language so that the home owners can easily follow it's mandates. He says the home owners more than likely don't understand it since they seem to constantly violate it. The community is going down hill to the extent our properties will so devalue. We must turn this around and it will require a lot of work.
Excuse my complaining, please! I suggested to the president that we leave the Declaration as it is and write RDGs as the Declaration stipulates, and tampering with it and it's legalese. I also suggested another committee to write R&Rs as instructed by the By-laws. According to the By-laws and Declaration it will take a 3/4 vote of the home owners living in the community, not those who attend a meeting, in order to amend these two documents. I believe that's next to impossible. I've never seen more that 20 to 25 people at any meeting that I've attending, and some of those are spouses, which means between them they have 1 vote, i.e. 1 vote per property - as per the By-laws. It clearly states the BOD can write and implement R&Rs (and the members of the ACC can write and implement an RDG). We're talking a lot of work I know and I suspect that's why it hasn't be done by past BODs.
I have discussed leaving the By-laws and Declaration as is and writing R&Rs and RDGs with a friend that's an attorney and she highly recommends that's what we do. I am hoping to get the BODs to meet with the attorney and maybe the majority will agree with me. This attorney has already told me that she's dealt with the president before and he more than likely will not retain her. Attorney fees are expensive and she suggests we due to bulk of the draft and get it into an MS Word (or similar file) and then she will proof it at a reasonable fee. She says she will make it very reasonable as she lives nearby and sees our devaluation first hand. I'm optimistic we can get the BODs to do adopt R&Rs and RDGs. If not now, the president is up for re-election next Jan., and I anticipate changes in the BOD if they do not adopt R&Rs and RGDs soon. (I will certainly try my best to make that happen.)
I would like to know if any of you would share copies of your R&Rs and RDGs with me so that we would have a guideline of some sort to begin drafting these documents. I know I will do most of the drafts and I know it will take hours and hours. If anyone is willing share would you please email anything you think may help me to [email protected].
I sincerely appreciate any assistance you might provide me. Thanks in advance for your time and assistance. ~Bill
After studying my HOA's By-Laws and Declaration I find that the BOD has the power to promulgate Rules and Regulations but to date no previous BOD has done that, and the current president isn't sure that R&R's are needed. He thinks that the By-laws and Declaration are sufficient then he complains that they are difficult to understand and should be in layman's terms.
The Declaration and By-laws also states that our ACC can promulgate Residential Design Guidelines and that heretofore has not been done. The president asked me to look into rewriting the Declaration since the chairman of our ACC just resigned in frustration. He told me to word it so that it's in simple language so that the home owners can easily follow it's mandates. He says the home owners more than likely don't understand it since they seem to constantly violate it. The community is going down hill to the extent our properties will so devalue. We must turn this around and it will require a lot of work.
Excuse my complaining, please! I suggested to the president that we leave the Declaration as it is and write RDGs as the Declaration stipulates, and tampering with it and it's legalese. I also suggested another committee to write R&Rs as instructed by the By-laws. According to the By-laws and Declaration it will take a 3/4 vote of the home owners living in the community, not those who attend a meeting, in order to amend these two documents. I believe that's next to impossible. I've never seen more that 20 to 25 people at any meeting that I've attending, and some of those are spouses, which means between them they have 1 vote, i.e. 1 vote per property - as per the By-laws. It clearly states the BOD can write and implement R&Rs (and the members of the ACC can write and implement an RDG). We're talking a lot of work I know and I suspect that's why it hasn't be done by past BODs.
I have discussed leaving the By-laws and Declaration as is and writing R&Rs and RDGs with a friend that's an attorney and she highly recommends that's what we do. I am hoping to get the BODs to meet with the attorney and maybe the majority will agree with me. This attorney has already told me that she's dealt with the president before and he more than likely will not retain her. Attorney fees are expensive and she suggests we due to bulk of the draft and get it into an MS Word (or similar file) and then she will proof it at a reasonable fee. She says she will make it very reasonable as she lives nearby and sees our devaluation first hand. I'm optimistic we can get the BODs to do adopt R&Rs and RDGs. If not now, the president is up for re-election next Jan., and I anticipate changes in the BOD if they do not adopt R&Rs and RGDs soon. (I will certainly try my best to make that happen.)
I would like to know if any of you would share copies of your R&Rs and RDGs with me so that we would have a guideline of some sort to begin drafting these documents. I know I will do most of the drafts and I know it will take hours and hours. If anyone is willing share would you please email anything you think may help me to [email protected].
I sincerely appreciate any assistance you might provide me. Thanks in advance for your time and assistance. ~Bill