administrative amendments to CCR's and Bylaws

Started by JimA19 • 7 replies • 253 views

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JimA19 (Georgia)
Posts: 54

Posted:

As part of preparing to revitalize our CCR's we did a deep dive on our covenants and bylaws. of coarse we found the history section ( all the various amendments ) were at variance with those recorded at the county recording office. i believe that amending both would be an administrative amendment , not affecting the impact of either the business affairs or the CCR impact on homeowners.
should this go to the AGM or can the Board authorize the amendments??
if the the AGM are notification requirements needed?
opinions???
Jim A

BillH10 (Texas)
Posts: 1,217

Posted:

Jim, lawyer up and engage one who specializes in HOA matters.

Any changes you make may have unexpected consequences eventually. You need expert advice as to the form and approval of the changes.

KerryL1 (California)
Posts: 14,550

Posted:

What is "AGM?"

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By KerryL1 on 01/08/2023 6:52 PM
What is "AGM?"

Annual General Meeting

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BillH10 on 01/08/2023 6:14 PM
Jim, lawyer up and engage one who specializes in HOA matters.

Any changes you make may have unexpected consequences eventually. You need expert advice as to the form and approval of the changes.

I agree. Changes are not things lay people should be making. You need a lawyer to bless them.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By JohnC46 on 01/09/2023 11:08 AM

I agree. Changes are not things lay people should be making. You need a lawyer to bless them.

And the reason you need to make changes is the lawyer blessed them.

KerryL1 (California)
Posts: 14,550

Posted:

With others, consult with your HOA attorney. But....how do your CC&Rs say they can be amended?? In CA and in most states I've noticed on this board, owners must vote, and a large --sometimes huge ---% is required to amend or rewrite them. In CA secret ballots must be sent to owners.

What is the requirement in GA and/or in your CC&Rs?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jim

Typically it takes 51% of all owners approving to make a Bylaw change and 2/3rds or more to make a Covenant change. Even rewriting to say bring them up to date, remove reference to the Declarant when the Declarant is long gone, etc. may still require a vote of the membership.

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