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CjC
Posts: 210
Posted:
Can a member request a vote at annual meeting that states that the board is NOT able to discuss and or approve a rule? This would be an architectural rule so not something covered in covenants. The board has been debating for months allowing and setting guidelines for something not mentioned in the rules and this member gathered friends and called a vote a the meeting to instruct the board not to approve something. Is this legit?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I say no it is not proper. The BOD can make/modify rules as they see fit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
It could be requested (proper or not).
However, it would only be an advisory vote.
KerryL1 (California)
Posts: 14,550
Posted:
Is this a proposed rule listed on the annual meeting agenda? It seems to me that a proposed rule would be discussed or voted on by the board at a board meeting, not an annual meeting.

What do you mean that the proposed "guidelines" aren't mentioned in "the rules." do you mean in the covenants? Are you saying there is nothing in your covenants about architectural guidelines?

I'm having rouble following your post, CjC.
ClarkeS1 (Michigan)
Posts: 16
Posted:
Ruler & Reg's only (CCR's) but it has to be unanimous
AugustinD
Posts: 1,027
Posted:
Note: Prior posts indicate this is a HOA which either has or had a golf course.

Quote:
Posted By CjC on 09/09/2022 10:16 AM
Can a member request a vote at annual meeting that states that the board is NOT able to discuss and or approve a rule? This would be an architectural rule so not something covered in covenants. The board has been debating for months allowing and setting guidelines for something not mentioned in the rules and this member gathered friends and called a vote a the meeting to instruct the board not to approve something. Is this legit?
-- Can you share in what state this HOA is? Some states' statutes may have something to say about the power of owners to throw out architectural rules. If you share your state, I will check.

-- Per any given HOA's governing documents, owners en masse have only a few powers. Few though these powers may number, nonetheless these powers are pretty large.

-- In particular, the HOA's governing documents always give the owners the power to (1) elect new directors; and (2) amend the governing documents. These are the main, proper and legal routes to overturn a board decision.

-- I have yet to see a HOA where the governing documents assigns owners carte blanche to overturn any board decision. This would be highly unusual and goes against the legal structure of a shareholder corporation (which a HOA is).

-- It's entirely possible that the rule the Board established is in fact not lawful. Boards may not create what are essentially new covenants. Whatever Architectural rule the Board creates has to be within the "boundaries" of the covenants. Creating rules that clearly go outside the covenants is called 'restricting free enjoyment of property', and is not lawful. To correct such a situation, one can either elect new directors or go to court.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Proposing anything at an official meeting may violate notice requirements. If that's the case, holding this additional vote may invalidate anything that went on at the meeting. Even states that don't require notice for board meetings generally require notice for the annual meeting.

In addition, so many people do not attend the annual meeting, so by doing this you're basically saying that you're OK with them not having a voice in whatever it is. That's not a good way to get people on board.

So best to come up some other way of approaching this.

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