CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
This is an update on our board's efforts to ban all rentals in my community.
Original thread here: More Tales from the Trenches
The membership received a mailing from our attorney this week that contained a letter explaining why the board was doing this and a ballot where we can vote on the proposed amendment.
In short, our CC&Rs have a article requiring unanimous approval from the membership for certain changes. There are four of them, with the fourth being a change to the condominium association's "fundamental purpose". I figured that this fourth one would be the sticking point in the board's plan to eliminate rentals, and it is. The proposed amendment would leave the other three changes in place and eliminate the fourth - meaning that 75% of the membership could vote to change the association's fundamental purpose.
The lawyer's letter said that the reason behind this proposed amendment is that it is almost impossible to get unanimous approval on anything. True enough. It's also true for the first three items listed in our current CC&Rs, which are actually less wide sweeping changes IMHO. A suspicious and thoughtful person who doesn't know what's behind this would wonder why the board doesn't simply propose eliminating this article altogether, which would allow any amendment to the CC&Rs to be approved by 75% of the membership. Wouldn't this address the stated concern that it's impossible to get unanimous approval for anything? So I'd be smelling a rat at this point even if I didn't know what the ultimate goal was.
Anyway, on we go. We'll see if this amendment gets approved. I suspect not - because it will require unanimous approval, and no vote = a "no" vote.
(I think the board actually believes this amendment will be approved.)
Original thread here: More Tales from the Trenches
The membership received a mailing from our attorney this week that contained a letter explaining why the board was doing this and a ballot where we can vote on the proposed amendment.
In short, our CC&Rs have a article requiring unanimous approval from the membership for certain changes. There are four of them, with the fourth being a change to the condominium association's "fundamental purpose". I figured that this fourth one would be the sticking point in the board's plan to eliminate rentals, and it is. The proposed amendment would leave the other three changes in place and eliminate the fourth - meaning that 75% of the membership could vote to change the association's fundamental purpose.
The lawyer's letter said that the reason behind this proposed amendment is that it is almost impossible to get unanimous approval on anything. True enough. It's also true for the first three items listed in our current CC&Rs, which are actually less wide sweeping changes IMHO. A suspicious and thoughtful person who doesn't know what's behind this would wonder why the board doesn't simply propose eliminating this article altogether, which would allow any amendment to the CC&Rs to be approved by 75% of the membership. Wouldn't this address the stated concern that it's impossible to get unanimous approval for anything? So I'd be smelling a rat at this point even if I didn't know what the ultimate goal was.
Anyway, on we go. We'll see if this amendment gets approved. I suspect not - because it will require unanimous approval, and no vote = a "no" vote.
(I think the board actually believes this amendment will be approved.)