Help deciphering some CC&R language

I'm a new board member in an 8 unit HOA. We're working on a special assessment, but I'm having trouble decoding the meaning of these approval requirements:

After the close of the first sale of the condominium in the Development to a purchaser other than the Declarant, approval by owners who represent at least seventy-five percent (75%) of the total voting power and fifty-one percent (51%) of the voting power other than Declerant, and by at least sixty-seven percent (67%) of all first mortgage holders, must be obtained prior to any amendment of a material nature affecting any of the following matters...

If all the units are sold (the Declarant is no longer applicable), does this simply mean we need at least 6 units to vote yes to approve the assessment? This would satisfy the 75% requirement (I think). Thanks for your help!

Thanks for your reply.

The reason I ended up on these specific approval requirements is because of the last line in our regular Special Assessment section in the CC&R. It says:

Notwithstanding the foregoing, any increase in assessments in excess of twenty-five percent (25%) shall require approval as provided in Section 16.2 herein.

The amount of our assessment is larger than 25% of the regular assessment (the total dues collected for the year), so that brought me to Section 16.2 (my initial post). It's already clear that an assessment greater than 5% of the budget requires a normal vote with quorum, but I think I need to do satisfy this other voting requirement instead. Might be wrong on that though...

There is assessment stuff after "following matters". It says:

Increases in assessments that raise the previously assessed amount by more than twenty-five percent (25%) except in cases of emergency as defined in Section 6.6 herein; assessment liens, or the priority of assessment liens. Increases of twenty-five percent (25%) or less are governed by the provisions of Sections 6.4 and 6.5 herein.

Section 6.5 is the Special Assessment section I quoted above.

I checked out the Davis-Sterling site, and it looks like those codes only require the quorum vote for special assessments greater than 5%. So I guess that 25% voting rules is specific to my CC&R.

Again, I could be over-analyzing this. Just trying to get it right.

I am not 100% certain about Condo law but in a real property HOA in townhomes the land developer is the initial grantor and the declarant. When property is sold to others as in sold to the successors depending on the intention of the land developer if there is a real covenant, the conveyance of a deed transferred to a new owner makes the new owner. the declarant. It would not make much sense to have a community development that has an HOA where the later buyers lose voting interest because they were a later buyer. Your Declarations, Covenants, Restrictions, Bylaws, Articles of Incorporation have the answers

Thanks for all the great replies and links. The super-majority portion AugustinD quoted explains it all for me.

This site is amazing. Thanks again!

ean

Typically mortgage holder approval is not required for dues increases nor special assessment. The mortgage holders be notified generally means any changes such as selling off HOA land, changing boundaries, etc. Anything that could effect the actual value of the association, the home, etc.

It would be great if detailed legal questions for which this forum is simply not equipped to provide legal advice (based on a lack of having all the documentation and facts) were simply funneled into an "ask your attorney" bucket. Rob, I would not take any formal action based on this thread. Please seek legal advice.