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RogerJ1 (Texas)
Posts: 550
Posted:
POA in Texas.

Texas Property Code calls for 67% of membership vote to change restrictions and other documents but if an association's actual documents call for a lower amount, that lower amount will prevail over the state's 67%.

My POA's current CCRs call for a majority vote of the membership to terminate and/or amend the restrictions. So that majority requirement, since mention in the actual documents, would prevail over the states 67%. That is clear in the state law.

What is possibly unclear is what happens if a proposed restriction amendment remove that that majority clause?

What if the CCRs/restrictions amendment proposal was done in a way that removes that majority vote to amend them. In the new form, if passed, then the documents would be absent of any vote threshold, in which case the State 67% would then prevail.

But what about the point in between the old and new during passing of the new? Would the old restrictions's call for a majority allow them to be amended with just a majority even though the proposed amendment, on which was being voted, is now absent that majority clause? Or since that majority clause is absent in the proposed amendment, the state 67% would prevail and that amendment itself would take 67%+?

I assume the old majority clause would still prevail since it would still in effect during the new amendment vote, but I am not sure.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By RogerJ1 on 02/19/2020 12:56 PM
I assume the old majority clause would still prevail since it would still in effect during the new amendment vote, but I am not sure.
This. Why? Because the amendment does not take effect until it is recorded with the county.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Why do you want to change the current majority in favor of 67% ... it is possible, in the future, to change with majority, but very, very hard to get 67% ... still can do, but a lot harder.
RogerJ1 (Texas)
Posts: 550
Posted:
Quote:
Posted By GeorgeS21 on 02/19/2020 2:13 PM
Why do you want to change the current majority in favor of 67% ... it is possible, in the future, to change with majority, but very, very hard to get 67% ... still can do, but a lot harder.

I do not. I was advising two like-minded board members to be on the watch for the more rogue board members to try to delete it when they do restriction amendment proposals. While advising that, I wondered if its deletion would interfere with voting for it and so asked this question.
BenA2 (Texas)
Posts: 1,273
Posted:
You are correct. The vote for the amendment would require a majority to pass because that is what is in your CC&Rs. The current CC&Rs are in full effect until an amendment is passed.

If it passes, then the 67% required by state code would be the requirement for any future amendments.

I don't understand why anyone would want to remove the clause from the CC&Rs. If the purpose of the amendment is to make it 67%, why not change the CC&Rs to state that, instead of removing the clause and relying on state code. It could be misleading.
SheliaH (Indiana)
Posts: 6,964
Posted:
Getting 67% of homeowners to agree on anything could be a problem because some people don't care about the issue, no matter what it is. That's why some communities amend their documents to a lower amount like 51% - it depends on how active your community is and what the issue is.

Your documents don't specify a majority percentage, so you'll have to do a little math - how many homes are in the community and do the documents specify one vote per unit? You could go with the 67% if you have enough participation, but perhaps 60% or even 55% would be better. Personally I think something between 51% and 67% would be ok. From there, it's a matter of encouraging people to vote - if you get the numbers you need to amend the documents, fine, but if you don't you don't.

Since you are talking about amending the documents some sort of way, it's best to run this by an attorney to ensure the amendment is written in a way that makes sense and will stand up in court if challenged.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I have always advocated for 67% to change a Covenant/Deed Restrictions. 51% to change a Bylaw.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I would think, broadly, the larger the community, the less reasonable and workable 67% becomes.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GeorgeS21 on 02/21/2020 11:10 AM
I would think, broadly, the larger the community, the less reasonable and workable 67% becomes.

It became unreasonable in my 100 home community back in 2011 when changes to the state's insurance laws made it necessary to amend our CC&Rs. Even though the amendment was important, the HOA was unable to get 67% of the owners to agree. The attorney then recommended that the HOA amend each of its CC&Rs, Bylaws, and Articles of Incorporation, to reduce the voter percent of approval needed for amendments to each to a simple majority of owners present at a duly noticed members meeting.

THOSE amendments passed with room to spare and the required amendment to the CC&Rs followed less than a year later and passed.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GenoS on 02/21/2020 11:44 AM
Posted By GeorgeS21 on 02/21/2020 11:10 AM
I would think, broadly, the larger the community, the less reasonable and workable 67% becomes.

It became unreasonable in my 100 home community back in 2011 when changes to the state's insurance laws made it necessary to amend our CC&Rs. Even though the amendment was important, the HOA was unable to get 67% of the owners to agree. The attorney then recommended that the HOA amend each of its CC&Rs, Bylaws, and Articles of Incorporation, to reduce the voter percent of approval needed for amendments to each to a simple majority of owners present at a duly noticed members meeting.

THOSE amendments passed with room to spare and the required amendment to the CC&Rs followed less than a year later and passed.

Geno

I would question this advice. I say to change to a lesser % (say 67% to 51%) would still require the original 67% to approve to approve the new 51%.
GenoS (Florida)
Posts: 4,276
Posted:
The change from 67% to 51% did require - and got - 67% of the owners to approve.

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