Initiating a referendum

Our Board is giving me the run around about how to initiate a referendum to amend the Deed Restrictions. They have a process by which homeowners "suggest" revisions to an ad hoc, unelected committee, and the committee, apparently has sole authority whether to include that suggested revision in an upcoming vote with other proposed revisions.

Is there a requirement that HOAs have to allow a petition to initiate a vote? If so, would the petition have to be signed by a majority of homeowners, or stated differently, if I present a petition with a significant percentage of homeowners, enough to suggest it has a reasonable likelihood of passage by a majority if allowed to be voted on, is there any way to force that vote? How about if there is a majority of votes on the petition such that passage at vote would be certain.

Just hard to believe a small committee or even a Board could deny the will of the members. Yet, they seem to be trying.

I've only seen two docs, the Bylaws and Deed Restrictions. I think your reference to CC&Rs would refer to the Bylaws. I'll read them again, but don't recall any mention of a petition process or any other way to force a referendum.

They keep trying to tell me, politely but vaguely, that the revisions I propose have no chance of passing, ergo implying they don't want to mess with it. And maybe they don't, although from discussing the issue on the NextDoor site, I seem to have more supporters than detractors. They point to the apathy of our neighbors, and how a non-vote equals a NO vote when it comes to revising deed restrictions. They use the example of a popular revision that was passed with no opposition from anyone, but because of all the non-votes still only received 62% approval - if only another 12 people had not voted, it wouldn't have passed. Thus, because my issue will likely have a good number of passionate No voters, combined with the apathetic non-voters, my chances are slim to none, in their view.

All true, I suppose, but activism can overcome apathy. So, I ask them about whether proxy votes are allowed, figuring I can go door-to-door recruiting support. If I get my neighbors to give me their proxy for this one vote, they can go back to being apathetic. And the Board keeps dodging that question.

I'm seeing your questions in 2 phases:

1. You want your issue brought before the membership. As Augustin said, there should be some method described in your organizing documents (typically Declaration and Bylaws) for you to petition for a Special Meeting to be held. Your docs should say what percent of the members need to sign the petition so that your BOD must hold that meeting. Yes, you can go around and collect signatures for your petition.

2. You want your issue voted on by the members. That should also be in your docs, but in a different section. That will require a formal vote with a certain percentage of the owners approving your measure. There will also be requirements about advance notice, etc. If your docs allow proxies, then proxies can be used. If no proxies or mail-in votes are allowed, you would have to get the right number to come to the meeting.

Finally, your state has statutes on these issues. Those statutes might override what's in your docs.

I'm seeing your questions in 2 phases:

1. You want your issue brought before the membership. As Augustin said, there should be some method described in your organizing documents (typically Declaration and Bylaws) for you to petition for a Special Meeting to be held. Your docs should say what percent of the members need to sign the petition so that your BOD must hold that meeting. Yes, you can go around and collect signatures for your petition.

2. You want your issue voted on by the members. That should also be in your docs, but in a different section. That will require a formal vote with a certain percentage of the owners approving your measure. There will also be requirements about advance notice, etc. If your docs allow proxies, then proxies can be used. If no proxies or mail-in votes are allowed, you would have to get the right number to come to the meeting.

Finally, your state has statutes on these issues. Those statutes might override what's in your docs.

LOL, I'm seeing your response in 5 phases. Seriously, thanks for the info. The Committee chair finally responded late tonight to say that our HOA simply follows the state statutes in that regard and provided a link to some info. Just seems strange that it took asking 6 times for that simple answer.

Thank both (all 6?, lol) of you for helping!

Ron

Typically an amendment needs a % of all owners approving it for it to pass. Note I say all owners. If it achieves that % of yes votes it passses. Rarely is it a Yes or No vote and if such, the No votes do not count against.

Let us say 120 owners and 51% need to pass. This means 61 owners must vote yes. No such thing as votes counting against. 61 or more say Yes, it passes. 60 or less saying Yes, it does not pass.

Thanks everyone. I finally got a link to the info I needed from a board member. I was trying to do something about vicious dogs. A pit bull came through a neighbors fence like it was tissue paper and attacked my dog. I had to choke it out to get it to unlocked from my dog. Vet said he was seconds away from death. Luckily it had a stout collar, and even more lucky, it didn't turn on me when it came to.

Horrifying experience for anyone, but for me especially - pits killed/tore up my last dogs too, and another neighbor's pits backed me into a corner of his porch when I went to complain about their attacks. I'd raised this topic a year earlier on Next Door and got shouted down, then suspended by the site. They suspended me again this time for "causing" the attacks with my topic.

But, there's a vocal group of pit lovers who deny reality, and their ND attacks have, it seems, intimidated all the neighbors who were supportive. I thought my proposals were fair - register dangerous breeds with the HOA so we know where they are, have secure fences, and if you walk them in the neighborhood, they have to be muzzled. Alas, when people who own large vicious pit bulls are just as vicious as their dogs, people get intimidated easily.

I'm getting a LTC instead. Everyone else will just have fend for themselves. I tried.

Thanks for helping. My dog is going to recover. I tore a retina and had surgery, and am starting to see better after 3 weeks.

None of the pit owners would ever answer my simple question: Why? Why have a pit when there are so many nicer breeds. Why rescue a pit (their typical non-response) when so many other dogs are being killed in the shelters every week. Boils down to two types of people - thugs and weepy-eyed do-gooders who feel sorry for pits, but don't give a ____ about their neighbors living in terror.

LOL, sorry, y'all get the rant too.