Amending Amendment mistakes

Started by JanineR • 5 replies • 351 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JanineR (Tennessee)
Posts: 259

Posted:

Below is a summary of our Amendments filed with the State

1st Amendment to By Laws 2009
- changed quorum of members from 51% to 30%.

1st Amendment to Master Deed 2005
- changed last page of plat.

2nd Amendment to Master Deed 2006
- Storage of Automobiles, Boats , Trailers and Other Vehicles not allowed
- All pages of plat updated

3rd Amendment to Master Deed 2015
- Allowing STR
- Adding that all members require an HO-6 insurance policy
- Changing number of Directors from three to five
>>>>Issue: The title of the document says "Second Amendment to Master Deed", when this should be the third.
>>>>Issue: Changing of directors should refer to section 4 of our By Laws not our Master Deed.

What is the process to get the last document corrected to second amendment of bylaws and third amendment of master deed.
The changes to the last document were voted on by the members with over 67%, just the filing of the paperwork has inconsistencies

NpS (Pennsylvania)
Posts: 4,216

Posted:

Depending on your state's law, you should be able to file a corrective amendment.

Typically, the president and secretary would sign the corrective amendment which would state that the underlying measures were approved by more than 67%.

Sikubali jukumu. Read all posts at your own risk.

JanineR (Tennessee)
Posts: 259

Posted:

Thank you.

If the President and the Secretary are not the same now that were when the amendment was filed.
Would they have to pull the meeting minutes from when the underlying measures were approved by 67%+, or can they just state per this amendment filed on xx date, 67%+ approved but the following corrections need to be made.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By JanineR on 02/26/2021 1:08 PM
Thank you.

If the President and the Secretary are not the same now that were when the amendment was filed.
Would they have to pull the meeting minutes from when the underlying measures were approved by 67%+, or can they just state per this amendment filed on xx date, 67%+ approved but the following corrections need to be made.

Should be signed by those in Office at the time that the corrective amendment is made.

You can rewrite the whole thing, call it Amendment 4, and say that it replaces Amendments 2 and 3, or whatever. That's up to you.

The important thing is that you are (1) not making any substantive changes and (2) clarifying something that might otherwise be confusing.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

What scares me about filing updates, corrections, etc. that if not properly, legally filed it could create issues, especially if the wording in drawn up by lay people.

Have you not seen arguments on this chat by lay people between the word must and shall and even may?

Do not trust lay people when it comes to a legal document.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By JohnC46 on 02/26/2021 3:12 PM
What scares me about filing updates, corrections, etc. that if not properly, legally filed it could create issues, especially if the wording in drawn up by lay people.

Have you not seen arguments on this chat by lay people between the word must and shall and even may?

Do not trust lay people when it comes to a legal document.

Agree in part. Always have a lawyer bless your final document. But the better prepared you are going in with your own materials, the more effective your time spent with the lawyer.

Based on the specifics provided by the OP, I don't think there are any must-shall-may type issues to be concerned about. One issue here is a numbering error. The other is an incorrect document reference.

Sikubali jukumu. Read all posts at your own risk.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here