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PatriciaC14 (Washington)
Posts: 17
Posted:
The Board has approved a list of changes to the CC&R's for the membership to vote on at the Members Annual Meeting. The sentiment has arisen from the members to delete one enforcement section entirely and replace it with the an earlier version. Can a motion from the floor bring this to a vote? They would be removing one enforcement policy section and reverting to the earlier one. Could such a motion amend the Board's proposals to reflect the change, and then proceed with the balance of the proposals?
SheliaH (Indiana)
Posts: 6,964
Posted:
That may depend on (1) whether you have enough people there for a quorum - and if you're voting on changes to the CCRs, you may need more people there than what you'd require to hold the annual meeting. Read your documents to see what the numbers are. The next thing would be whether the motion is seconded and then this is usually followed by a discussion before there's a motion for a vote.

This link provides information on making motions during a meeting - https://mxcc.edu/wp-content/uploads/2013/09/HowtoMakeAMotion.pdf You may also want to Google Roberts Rules of Order (there's an official website) and you may be able to search for an answer there.

As a practical matter, I'm not a fan of combining document revisions with annual meetings because I can see how this could wind up a long session discussing the old vs. proposed enforcement sections, recognizing motions, who made the motion, etc., and nothing else gets done. I'd suggest that you move to vote for everything else except the enforcement section and then hold another meeting to discuss that exclusively and then vote on it.

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:
In my opinion, no.

Any changes to a proposed amendment (other then the yea or nay vote for it) would have to have another meeting as those who sent a proxy may choose to act differently if the wording on the ballot was changed.

KerryL1 (California)
Posts: 14,550
Posted:
I'm also thinking no. First WA may have a certain number of days that Owners have to consider CC&R amendments. What do WA statutes say? Don't ballots have to be sent out? Is it legal to just call a meeting????

2nd, your CC&Rs probably require a very high % of owners to approve amendments. Say 67%. They would all have to be present at the meeting.

How many owners are there? How many are likely to attend the meeting?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Nope.

Look in your CC&Rs. There should be a section that describes how amendments must happen.

Typically any amendment needs to be drafted by a lawyer and written in legalese (to make sure that the language agrees with the rest of the CC&Rs, bylaws, and state law). It also needs approval by the majority of unit owners, and often a super-majority of 67% or 75%. Some amendments such as those that change how assessments are calculated may require unanimous approval. Written records documenting the vote should be retained.

Poorly written or unlawfully approved amendments will set you up for (expensive) legal wrangling. IMHO you guys need to get the association's attorney involved before you dig this hole any deeper.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You can vote for changes in our CC&R's with a special meeting for that purpose. However, the actual changes does not happen until it is filed with the county. Which is the next step to do after gathering the required signatures of owners.

Former HOA President
MichaelS56 (Minnesota)
Posts: 858
Posted:
Minnesota changed their law for Amending a Declaration in 2013. Now the process is to send certified mail to owners and have them return it. If they do not return their vote, it is now counted as a yes vote. No votes are the ones that come back as a no. Our Association states we need 75% approval, the state law states we need 67%.
CathyA3 (Ohio)
Posts: 6,299
Posted:
This thread reminds me of one from a few years back. Someone posted that the board had hired the president's wife to re-write their CC&Rs because she was an English teacher and could write well. The general response was "for the love of Mike, stop!"

The CC&Rs are legal documents and need to be written by someone who knows the law and, more to the point, is licensed to practice law in your state. The authorities can get huffy if someone practices law without a license.
PatriciaC14 (Washington)
Posts: 17
Posted:
Thank you all for your advice. I don't know what made the Board think they could pass amendments in 2020 and record them without an attorney or a meeting of. the members. What a clown car!
CathyA3 (Ohio)
Posts: 6,299
Posted:
There is one exception that I know of that allows the board to approve an amendment, and that is if the amendment *only* brings your CC&Rs into agreement with current state law. Homeowner vote isn't necessary in this case since obeying state law isn't optional, and the board has the authority to approve this amendment. The amendment itself still needs to be drafted by a lawyer, though. (We did this a number of years ago, and the amendment was pretty lengthy and nitpicky.)

But if your amendment contains any changes in addition to bringing your CC&Rs into compliance, then a homeowner vote is required.

I hope your board comes to its senses...

BillH10 (Texas)
Posts: 1,217
Posted:
Cathy, in Texas the approval of the Board is not necessary to conform the documents of an association (HOA or condo) to the requirements of Legislative mandated changes to the property code.

We have our clients go through the pro-forma process but there is nothing the Board or the owners can do to stop the preparation and filing of the documents which implement the changes and processes mandated by the Legislature.

Fortunately this does not take place every session (the Texas Legislature meets every other year), 2011 saw significant changes as did 2021. I believe there were some smaller changes in the 20-teens, 2015 or so.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Interesting.

Going through the actual amendment process does seem like an unnecessary expense. On the other hand, if a community makes their governing docs available on their website, it would be nice to have the actual language available - not sure if most homeowners will go the extra step to check the state's resources.

Sometimes my brain just wants to give up...

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