NealN2 (California)
Posts: 1
Posts: 1
Posted:
We live in a 55+ community with quite a few elderly homeowners who are not always knowledgeable about the business of the HOA. Our HOA Board is considering amending our CC&R and possibly Bylaws by changing the 2/3 super majority vote requirement to a simple majority vote requirement. I believe the main reason is convenience to the Board because there have been State and County laws that have been passed which are not in agreement or present in our CC&R, although the CC&R is superseded by State and County laws. However, I am concerned that if the CC&R/Bylaws is amended to the simple majority vote requirement without certain restrictions to protect the rights of homeowners, there may be negative consequences that we may not anticipate. I would like to hear the pros and cons of the simple majority vote, and if implemented, what restrictions should be incorporated in the amendment.
Here is an example of what has happened in our community and could be added to our CC&R. Last year the Board of Directors sent out waivers to all homeowners requiring that homeowners sign the waivers so that the HOA would not be responsible for any injury to homeowners who use the pool, spa, and clubhouse. I refused to sign the waiver because our CC&R says that all homeowners have usage of all HOA facilities without any waiver requirements. I asked the Board President why we are required to sign the waiver and she replied that our managing company suggested the waiver because the Board decided to create an exercise room in the clubhouse. I responded by saying that if anyone should sign waivers, it should be the users of the exercise room. I never heard back from the Board President. Also, our CC&R requires that the HOA carry liability insurance. Could a waiver amendment be added to our CC&R easily with a simple majority of uninformed HOA members?
What protections/restrictions should be included in the amendment for simple majority vote?
Here is an example of what has happened in our community and could be added to our CC&R. Last year the Board of Directors sent out waivers to all homeowners requiring that homeowners sign the waivers so that the HOA would not be responsible for any injury to homeowners who use the pool, spa, and clubhouse. I refused to sign the waiver because our CC&R says that all homeowners have usage of all HOA facilities without any waiver requirements. I asked the Board President why we are required to sign the waiver and she replied that our managing company suggested the waiver because the Board decided to create an exercise room in the clubhouse. I responded by saying that if anyone should sign waivers, it should be the users of the exercise room. I never heard back from the Board President. Also, our CC&R requires that the HOA carry liability insurance. Could a waiver amendment be added to our CC&R easily with a simple majority of uninformed HOA members?
What protections/restrictions should be included in the amendment for simple majority vote?