Vote to amend Bylaws: can it be part of the Annual Meeting?

Started by AdamL1 • 8 replies • 312 views

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AdamL1 (UnitedStates)
Posts: 559

Posted:

We have our local HOA annual meeting coming up (still planning it out). We are looking to make a few minor edits to our governing docs.

Does this have to be a 'separate' special meeting, or can we include it as an agenda item within our Annual Meeting? Thoughts?

BarbaraT1 (Texas)
Posts: 821

Posted:

It can be a part of the annual meeting as long as it is included in the meeting notice.

LoriM15 (Florida)
Posts: 1,009

Posted:

Just make sure you send the new documents with the changes out to the membership in advance according to whatever your notice requirements are for your state.

KerryL1 (California)
Posts: 14,550

Posted:

So...this is for your sub-association, Adam?

I don't know about Idaho, but in CA "minor edits," do not need Owners votes. What kind of "minor edits" are these? If there's any change to the meaning of a section or sub section then you need owners' votes. What % of owners need to approve changes to your Bylaws?What other requirements are there inyiour bylaws or in ID?

Seems like an annual mtg would be a good time to make changes, and yes, send in advance. If just minor edits, I'd think you could send out a redline versions so owners can see exactly what will be changed.

KerryL1 (California)
Posts: 14,550

Posted:

SheliaH (Indiana)
Posts: 6,964

Posted:

I'd prefer a separate meeting - there may be a number of other questions that come up regarding the proposed changes and that meeting might last all night. If people leave before it ends, they may miss valuable information.

Now, if the homeowners have already been sent lots of information on these changes and there have been discussions on them, you might be able to proceed with a formal vote with one or two revisions. As others have said, make sure the revisions have been sent to homeowners for their review so they can see the minor changes (that shouldn't be more than correcting some spellings, putting punctuation in the right places, etc.)

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

TimB4 (Tennessee)
Posts: 21,059

Posted:

As Barbra pointed out, it has to be part of the meeting notice.
You should also send the proposed changes with the notice.

We amended ours at the annual meeting.
No issues.

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By AdamL1 on 06/03/2022 11:41 AM
We have our local HOA annual meeting coming up (still planning it out). We are looking to make a few minor edits to our governing docs.

Does this have to be a 'separate' special meeting, or can we include it as an agenda item within our Annual Meeting? Thoughts?

Yep. Done! So easy. Add it to the agenda, share the proposed changes with owners, and get it done. Use an electronic balloting system to make it even easier (if you're not in California).

Regards,
Steve

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Adam

The issue you are going to have to address is does any change effect a Covenant and/or Bylaw? If yes, then the % required to change a Covenant and/or Bylaw still applies.

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