Covenant Amendment under COVID-19

Started by JeffC19 • 3 replies • 621 views

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JeffC19 (Missouri)
Posts: 2

Posted:

We are small (29 owner) HOA in Missouri. I am the president. There is also a treasurer/secretary. We planned to have our annual meeting in early Spring, but it has been delayed indefinitely due to COVID. However, we had an item that a majority of our owners wanted to add as an amendment to our covenants as soon as possible--the ability for our HOA to levy fines. We have someone who has been violating a covenant for multiple campers on a lot over the entire winter. We have noted the violation but he has ignored our contact.

Our covenants are relatively simple. They require a 51% majority to add an amendment. There are no restrictions about how that vote can take place, such as whether it can occur in a live meeting or by ballot by mail. The Missouri non-profit corporate statutes allow ballot-by-mail for any action that could occur in a normal meeting.

If we follow the outline listed here, should I be able to submit our amendment to all lot owners for voting by mail? Without a meeting where a motion has been made and a discussion has occurred?
https://findhoalaw.com/election-entirely-by-mail/

Thanks for any info.

SheliaH (Indiana)
Posts: 6,964

Posted:

since you're talking about amending the documents, youngest to run this by your association attorney. He or she can give you tips on how to do this so the amendment will stand up in court. You need to come up a way to ensure the people signing the ballot are authorized to do so and may have to require that the ballot be notorized. and then determine how and where the ballots will be counted while keeping social distancing in mind.

if the ballot has to be notarized, people can get that done at bank, but with this pandemic, they'll probably have to make an appoint to go inside because nearly everything else is being done at the drive through or ATM.

For a meeting, you could use something like Zoom to hold a virtual annual meeting, but there are still people who don't have access to the internet and Zoom has had issues with trolls bust in in on meetings, so would it be possible to hold a conference call? You could use something like freeconferencecall.com to set it

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Jeff,

If you have a blatant example of CCR violation, why not direct legal action by the HOA?

BenA2 (Texas)
Posts: 1,273

Posted:

I agree with consulting an attorney bu, if there is nothing stating you have to do it at a meeting, I see nothing wrong with doing the entire vote by mail.

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