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FreddieM1 (Georgia)
Posts: 3
Posted:
Hi everybody first post great to be here. My question: we have a 2/3 vote to change the Declaration is that a law or is it just a figure to use? We want to reduce that to a majority or less. Is that feasible? I figure we get 2/3 votes to change it to a majority. I live in Georgia and all I see is the 2/3 vote is a recommendation and not a law. Thanks.
KerryL1 (California)
Posts: 14,550
Posted:
Your need to read your own governing documents, where you'll very likely see what % is required to amend your declaration. That % might very well be near the end of your declaration. 2/3s is very typical, and my HOA's owners voted to reduce ours from 2/3 to a simple majority when we amended our declaration in 2022.

I doubt there's a state "law" about this.
FreddieM1 (Georgia)
Posts: 3
Posted:
Thanks for that. Yes, our Declaration does say 2/3 that's why I was asking about changing it. We would like to lower it even more than a majority so we can take back our neighborhood. Is that something that can be accomplished? We'd actually like to change every instance where a 2/3 is required to a majority.
TimB4 (Tennessee)
Posts: 21,059
Posted:
It is typical across the country that it takes 2/3 or more to amend covenants.
This is because they are considered a contract in the eyes of a court and parties to a contract must agree to changes.
2/3 is considered a super majority.

Expecting that you are not under declarant control,
Georgia 44-3-226. Amendment of instrument is pretty clear [emphasis added]:

(1) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify;

I would expect similar language if it's a condominium, but I did not check.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, so your state law DOES speak to this, based on Tim's citation. And your declaration does also states 2/3 of owners to amend it.

I'm wondering , Freddie, what you mean about wanting to "take back our neighborhood?" Are you thinking that owners would be be able to vote on many different things that the Board solely controls right now? Can you clarify? IF that's what you mean, you should recheck your declaration where the powers & obligations of the Assoc. via the Board are probably listed. Check your Bylaws too. Check you Article of Incorporation too.

And you want to the lower the % needed for everything that now requires 2/3. What other documents now require a 2/3 majority to amend them?

What size is your HOA?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Kerry,

Freddie, the OP, was asking if it was a law. They did not know.

Quote:
Posted By FreddieM1 on 01/18/2024 11:50 AM

My question: we have a 2/3 vote to change the Declaration is that a law or is it just a figure to use?

ElleN (Idaho)
Posts: 4,420
Posted:
FreddieM1, is this a condominium?

Posted By FreddieM1 on 01/18/2024 11:50 AM
Hi everybody first post great to be here. My question: we have a 2/3 vote to change the Declaration is that a law or is it just a figure to use? It is two things, both with the force of law behind them:

-- If your Declaration states that a 2/3rds vote of all owners is required, then the latter is a contractual term that is enforceable in court, with one caveat. The caveat is that if the Declaration genuinely conflicts with a statute section, then the statute section controls.

-- Georgia statutes specify what TimB4 quoted. The Georgia Condo Act appears to have the same 2/3rds requirement. Statute sections like this are enforceable in court. I would want to do some double checking on amending the section of the Declaration that speaks to amendments. For now, this is your first lesson in covenants and state statutes.
KerryL1 (California)
Posts: 14,550
Posted:
I see that Tim, and I see your reply, which I acknowledged. I believe it's perfectly OK if I dig a little deeper. I've never seen a requirement on this forum that we only answer the OP's question.
DeanJ
Posts: 1,786
Posted:
Generally a range of 2/3rd to 3/4th is the standard range. 1/2+1 would be extremely low.
JohnC73 (Massachusetts)
Posts: 344
Posted:
In NH RSA 356 states that it takes 2/3 approval of all owners to amend the condo instruments. Association bylaws can not reduce that percentage,but could increase it.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By TimB4 on 01/18/2024 1:00 PM
It is typical across the country that it takes 2/3 or more to amend covenants.
This is because they are considered a contract in the eyes of a court and parties to a contract must agree to changes.
2/3 is considered a super majority.

Expecting that you are not under declarant control,
Georgia 44-3-226. Amendment of instrument is pretty clear [emphasis added]:

(1) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify;

I would expect similar language if it's a condominium, but I did not check.

the problem with HOA laws is they often apply to HOA"s buildt after a certain year or who opt in to these laws wtih an amendent.
Seems like Georgia's 44-30226 is the latter and any laws in it might not apply to HOA's less than 20 years old that did not opt into it.

very confusing, this helps a bit.
https://www.hopb.co/georgia-hoa-law-guide

anyways if your HOA is not under this 44-30226 law you can set the percentage to anything you want.
I would try to set it to the majority of owner occupied properties. In otherwords if 1/4 of your properties are landlord owned that means you only need half of the remaining or 3/4x1/2 = 3/8 (plus one) of owners to change the rules.
the owners that do not live there might be pissed, but they are also typically the least active members and therefore not likely to vote for aganst this type of change.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
The purpose of requiring a super majority to amend the declaration is to make changing the declaration difficult. This promotes stability.

I can understand reducing the percentage to amend bylaws to a simple majority. But for amending covenants, I think requiring a super majority to amend remains the best choice.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 01/20/2024 4:22 PM
The purpose of requiring a super majority to amend the declaration is to make changing the declaration difficult. This promotes stability.

I can understand reducing the percentage to amend bylaws to a simple majority. But for amending covenants, I think requiring a super majority to amend remains the best choice.

Curious, has there ever been an example of the percentage being reduced and then the HOA changing too much stuff?
If anything all the news storeis I have read point to the HOA rules being so hard to change which causes drama.
HOA's vary considerably from Condos to SFH, it is probably best to let each make their own choice as to what is best for thier company.

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 01/20/2024 4:40 PM
Curious, has there ever been an example of the percentage being reduced and then the HOA changing too much stuff?
I hear you. All I can say is that this forum has seen reports of multiple, substantive amendments to declarations (well after the declarant has left), and confusion seems to be the result.
Quote:
Posted By WendyM5 on 01/20/2024 4:40 PM
If anything all the news storeis I have read point to the HOA rules being so hard to change which causes drama.
HOA's vary considerably from Condos to SFH, it is probably best to let each make their own choice as to what is best for thier company.
Sure. Every COA/HOA is going to do whatever it wants.

Of course, just getting the super-majority to approve any Declaration change is a challenge. And it iss expensive, from attorney fees to get the wording right to running votes, often over a few years.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By WendyM5 on 01/20/2024 4:40 PM
Curious, has there ever been an example of the percentage being reduced and then the HOA changing too much stuff?
I hear you. All I can say is that this forum has seen reports of multiple, substantive amendments to declarations (well after the declarant has left), and confusion seems to be the result.
Quote:
Posted By WendyM5 on 01/20/2024 4:40 PM
If anything all the news storeis I have read point to the HOA rules being so hard to change which causes drama.
HOA's vary considerably from Condos to SFH, it is probably best to let each make their own choice as to what is best for thier company.
Sure. Every COA/HOA is going to do whatever it wants.

Of course, just getting the super-majority to approve any Declaration change is a challenge. And it iss expensive, from attorney fees to get the wording right to running votes, often over a few years.
KerryL1 (California)
Posts: 14,550
Posted:
It's interesting to see that NH statutes require 2/3.

CA seem to be an anomaly because if an HOA can show that it worked very hard to get (let's say) the 2/3 to approve amendments to the covenants--and there are several hoops to jump through, IF more than a simple majority of owners approved the amendments, the court can rule that the amendments are approved.

This happed to my HOA in '22 when we campaigned very diligently, offered prizes for owners to vote, held a TH with our HOA general counsel with plenty of Q&A, provided redline originals and a two page explanation of all major changes, and sent stamped self-addressed envelopes &. ballots to those offsite owners who hadn't voted and we still only could get 63% approval. The judge approved our rewritten CC&Rs, which now include a simple majority required for amendments.

With at least 25% landlord and another 15% or so part-time owner occupants, it was as struggle encouraging them to vote.

I disagree with Elle that, "....this forum has seen reports of multiple, substantive amendments to declarations ...and confusion seems to be the result." I didn't even recall any with such dire results.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
Quote:
Posted By ElleN on 01/20/2024 4:22 PM
I hear you. All I can say is that this forum has seen reports of multiple, substantive amendments to declarations (well after the declarant has left), and confusion seems to be the result.

that's wierd I don't recall a single one.

vis ta vie

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