looking for Amendment example done after full membership control

AdamL1 (UnitedStates)
Posts: 559

Posted:

anyone have an example of Amendment to the CCR's after the HOA's in full control of the Membership?

We need to adjust one thing, changing the qty of directors from 3 to between 3 and 5 inclusive.

I'm looking for the language in the recitals. All I have from my HOA is the language describing the Grantor's authority. Do we say the HOA is the Owners? Do we say the Membership?

Really, just looking for an example of the first few pages of an amendment.

Anyone got one?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Do not have an example but we did that process. Which does take a vote of the membership to change. Plus has to be filed. The process is time consuming and cost money. It is best to use a lawyer.

We also removed any references to the developer, the 2 voting system, and the decrease of board members from 7 to 5. We had a draft of the changes made and then reviewed/voted by the membership.

Your going to need a lawyer for the best way.

Former HOA President

AugustinD
Posts: 3,698

Posted:

Sometimes google searches like the following turn up gold:

"idaho" "amendment" "homeowners association" filetype:pdf

Using the above search, the following, dated 2020, came right up:

https://dev-services.com/files/Amendment-1-to-Amended-Restated-CCRs.pdf

It certainly has the appearance to me of something an attorney prepared et cetera.

Here's another, from 2005:

https://lakelandvillagehoa.com/pdfs/ccrs/2005_Amend_Change.pdf

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By MelissaP1 on 03/10/2022 4:29 AM
Do not have an example but we did that process. Which does take a vote of the membership to change. Plus has to be filed. The process is time consuming and cost money. It is best to use a lawyer.

We also removed any references to the developer, the 2 voting system, and the decrease of board members from 7 to 5. We had a draft of the changes made and then reviewed/voted by the membership.

Your going to need a lawyer for the best way.

can you share? what is the 2 voting system? What kind of references to the developer

BarbaraT1 (Texas)
Posts: 821

Posted:

Quote:

Posted By AdamL1 on 03/10/2022 7:14 AM

Posted By MelissaP1 on 03/10/2022 4:29 AM
Do not have an example but we did that process. Which does take a vote of the membership to change. Plus has to be filed. The process is time consuming and cost money. It is best to use a lawyer.

We also removed any references to the developer, the 2 voting system, and the decrease of board members from 7 to 5. We had a draft of the changes made and then reviewed/voted by the membership.

Your going to need a lawyer for the best way.

can you share? what is the 2 voting system? What kind of references to the developer

Class A and Class B member voting. Typically the developer (Class A member) has more votes per lot.

The process for amending your CCRs is in your CCRs.

As far as how you draft the language, amendments have a preamble "Whereas, the Declaration of Covenants, Conditions and Restrictions of XYX Association was recorded in X County on Y date as Instrument #1234" and "Whereas, pursuant to Section Whatever, Article X the declaration can be amended by [whatever method]" "Now therefore the Declaration is hereby amended to read as follows" and then insert the new language. Your existing CCRs have probably been amended already during the development phase to annex new land, so you can look to those for the basic framework. But of course you should have a lawyer draft the thing anyway.

When you send out notices for the meeting to approve this amendment, you should include the existing language and the proposed new language and an explanation as to why the change is desired.

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By BarbaraT1 on 03/10/2022 7:46 AM

Posted By AdamL1 on 03/10/2022 7:14 AM

Posted By MelissaP1 on 03/10/2022 4:29 AM
Do not have an example but we did that process. Which does take a vote of the membership to change. Plus has to be filed. The process is time consuming and cost money. It is best to use a lawyer.

We also removed any references to the developer, the 2 voting system, and the decrease of board members from 7 to 5. We had a draft of the changes made and then reviewed/voted by the membership.

Your going to need a lawyer for the best way.

can you share? what is the 2 voting system? What kind of references to the developer

Class A and Class B member voting. Typically the developer (Class A member) has more votes per lot.

The process for amending your CCRs is in your CCRs.

As far as how you draft the language, amendments have a preamble "Whereas, the Declaration of Covenants, Conditions and Restrictions of XYX Association was recorded in X County on Y date as Instrument #1234" and "Whereas, pursuant to Section Whatever, Article X the declaration can be amended by [whatever method]" "Now therefore the Declaration is hereby amended to read as follows" and then insert the new language. Your existing CCRs have probably been amended already during the development phase to annex new land, so you can look to those for the basic framework. But of course you should have a lawyer draft the thing anyway.

When you send out notices for the meeting to approve this amendment, you should include the existing language and the proposed new language and an explanation as to why the change is desired.

I'm not asking about the process to amend. I'm asking for some examples of Amendments to draft and mirror.

KerryL1 (California)
Posts: 14,550

Posted:

Usually the number of directors is in the Bylaws.

Since CC&Rs are recorded in your county, you might look at the first couple of pages of some. The first few pages of our restated CC&Rs are new & by our attorney, but I have no idea if they'd be good in Idaho.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our Bylaws call for a BOD of 3 to 7 members but does not clarify who makes the decision. Our BOD has always said 5 Members is ideal. We have operated with as low as 3 when the BOD decided not to appoint anyone as we were close to election time. Our Bylaws say anyone appointed serves out the term of who they were appointed to replace.

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By JohnC46 on 03/10/2022 9:33 AM
Our Bylaws call for a BOD of 3 to 7 members but does not clarify who makes the decision. Our BOD has always said 5 Members is ideal. We have operated with as low as 3 when the BOD decided not to appoint anyone as we were close to election time. Our Bylaws say anyone appointed serves out the term of who they were appointed to replace.

if it allows for up to 7, and the Board says 'nah, 5 is good.' What happens if someone wants to run for seats 6 and 7? I would assume they are valid candidates and would be elected assuming they receive a majority vote?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AdamL1 on 03/10/2022 9:43 AM

Posted By JohnC46 on 03/10/2022 9:33 AM
Our Bylaws call for a BOD of 3 to 7 members but does not clarify who makes the decision. Our BOD has always said 5 Members is ideal. We have operated with as low as 3 when the BOD decided not to appoint anyone as we were close to election time. Our Bylaws say anyone appointed serves out the term of who they were appointed to replace.

if it allows for up to 7, and the Board says 'nah, 5 is good.' What happens if someone wants to run for seats 6 and 7? I would assume they are valid candidates and would be elected assuming they receive a majority vote?

We have never been challenged on our decision of 5. That said, we have to beg people to be on the BOD to even get to 5.

BarbaraT1 (Texas)
Posts: 821

Posted:

Quote:

Posted By AdamL1 on 03/10/2022 8:34 AM

Posted By BarbaraT1 on 03/10/2022 7:46 AM

Posted By AdamL1 on 03/10/2022 7:14 AM

Posted By MelissaP1 on 03/10/2022 4:29 AM
Do not have an example but we did that process. Which does take a vote of the membership to change. Plus has to be filed. The process is time consuming and cost money. It is best to use a lawyer.

We also removed any references to the developer, the 2 voting system, and the decrease of board members from 7 to 5. We had a draft of the changes made and then reviewed/voted by the membership.

Your going to need a lawyer for the best way.

can you share? what is the 2 voting system? What kind of references to the developer

Class A and Class B member voting. Typically the developer (Class A member) has more votes per lot.

The process for amending your CCRs is in your CCRs.

As far as how you draft the language, amendments have a preamble "Whereas, the Declaration of Covenants, Conditions and Restrictions of XYX Association was recorded in X County on Y date as Instrument #1234" and "Whereas, pursuant to Section Whatever, Article X the declaration can be amended by [whatever method]" "Now therefore the Declaration is hereby amended to read as follows" and then insert the new language. Your existing CCRs have probably been amended already during the development phase to annex new land, so you can look to those for the basic framework. But of course you should have a lawyer draft the thing anyway.

When you send out notices for the meeting to approve this amendment, you should include the existing language and the proposed new language and an explanation as to why the change is desired.

I'm not asking about the process to amend. I'm asking for some examples of Amendments to draft and mirror.

And I gave you examples.