DavidB48 (Oklahoma)
Posts: 3
Posts: 3
Posted:
Sorry if there is a similar post to this. I live in Oklahoma and our neighborhood voted to increase our annual maintenance assessment (HOA dues) to $50 per year instead of $10 per year. We had a quorum and then had the 2/3 required votes for the increase and mailed the notice about 21 days ahead of time (15 days required by CCR's) about the meeting date, time, etc to vote yes/no on the increase. I copied and pasted the language from our CCR's in order to give you the context. For easy calculation we have 164 houses. We needed 82 members either by their presence or proxies to meet the 50% for the quorum. Then, we needed 55 yes votes (82 X .67 = 54.94) out of those 80 members to pass the increase is the way I understood the wording in the CCR's. We had 134 people vote yes including physical presence and by proxy at the meeting. We have 1 owner threatening to sue the HOA when we raise the dues and send out the notices. I don't think he has a good argument since it was all done according to the CCR's, but I'm wondering if I'm missing something. Does he have a case? My other question is I think we need to file an amendment to the CCR's to include the $50 amount where it mentions $10 in the CCR's. It talks about the duration of the CCR's in a general provision section which I also pasted below. I'm wondering if we will have issues amending the CCR's to show the new $50 amount or if the duration section refers to amending stuff like building materials, trash cans, antennae/satellite dishes, etc that are mentioned in the CCRs. It seems like the sections contradict each other because one says the annual maintenance assessments can be increased, but then the duration section of the whole CCR states nothing can be changed for 21 years. I'm assuming we would file an amendment to show the updated assessment. Sorry for the long post.
Section 5.5. Change in Basis and Annual Assessments. The Association may change the annual maintenance assessment or the basis of the maintenance assessments fixed by Section 5.3 hereof, or both, prospectively for any one year period and at the end of such one year period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the vote of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least fifteen (15) days in advance and which shall set forth the purpose of the meeting, and subject to the quorum provisions of Section 5.6, below.
Section 5.6 Quorum for Any Action Authorized Under Section 5.4 and 5.5. The presence at the meeting of Members, or of proxies, entitled to cast fifty percent (50%) of all the votes of the membership shall constitute a quorum.
Section 9 .1 Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, and assigns, for a term of twenty-one (21) Years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; provided that no such agreement to change shall be effective unless made and recorded six ( 6) months in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.
Section 5.5. Change in Basis and Annual Assessments. The Association may change the annual maintenance assessment or the basis of the maintenance assessments fixed by Section 5.3 hereof, or both, prospectively for any one year period and at the end of such one year period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds (2/3) of the vote of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least fifteen (15) days in advance and which shall set forth the purpose of the meeting, and subject to the quorum provisions of Section 5.6, below.
Section 5.6 Quorum for Any Action Authorized Under Section 5.4 and 5.5. The presence at the meeting of Members, or of proxies, entitled to cast fifty percent (50%) of all the votes of the membership shall constitute a quorum.
Section 9 .1 Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, devisees, personal representatives, trustees, successors, and assigns, for a term of twenty-one (21) Years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part; provided that no such agreement to change shall be effective unless made and recorded six ( 6) months in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken.