Covenant/By-Law Difference?

Started by LindaA1 • 3 replies • 1292 views

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LindaA1 (New Hampshire)
Posts: 25

Posted:

What is the difference as far as amendments are concerned?

Our covenants seem clear that all members need to submit a written vote to achieve 75% majority for amendments.

Our By-Laws state: "The By-Laws of the corporation may be amended, added to, rescinded or repealed at any meeting of the members, provided notice of the proposed change is given in the notice of the meeting. Subject to the Board of Directors, the Board of Directors at any meeting may make additional By-Laws for the corporation and may from time to time amend, add to, rescind or repeal By-Laws.

No amendment shall make any changes in the qualification for membership nor the voting rights of members without approval by a three-fourths majority vote of all members."

Does this means that the BOD may change By-Laws? Specifically, can the term of office be changed? Our By-Laws state terms are to be one year. Officers are also to be elected yearly.
Thanks!

Linda

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, based on what you posted the answers are yes the BOD may change some By-Lawsand and yes they can change the term of office.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Convenants usually take precedence over by-laws. That should be in the CC&R's if there is a conflict between the Convenant and the by-laws, the convenants take precedence. By-laws are typically rules that are "daily" operating ones that can be changed more frequently and at the descretion of the board or quorum of members. Convenants require a 2/3rds vote of ALL the members (Or majority vote) to change. That is how it is in my association.

Former HOA President

GloriaM (North Carolina)
Posts: 829

Posted:

Melissa:

Covenants, Conditions and Restrictions (CCR's) are the "daily" rules as you put it. The CCR's are recorded in the County. Bylaws are the duties of the officers, descriptions etc., and are normally NOT recorded in the County. Therefore the Bylaws may be amended per the documents.

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