💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MariaO1 (Florida)
Posts: 8
Posted:
We are gathering votes to change our covenants. We need 75% of 120 households, and would already be there if we were not missing 15 or so "second" owner signatures on the vote pages.
Our HOA president says ALL homeowner must sign the form he thinks, legally. So we have to go back and chase down those 15 or so second homeowners. Our attorney has not replied yet.

Is that legally needed? We are in FL and our vote clause to change the covenants in our documents reads as follows:

Section 3. Amendment. The covenants and restrictions of this declaration
shall run with and bind the land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years. This Declaration may be amended during
the first twenty (20) year period by an instrument signed by not less than ninety
percent (90%) of the Lot Owners and thereafter by an instrument signed by not
less than seventy-five percent (75%) of the Lot Owners. Any amendment must
be recorded.

On our voting page we state:
I/We, the owner(s) of the property described herinbelow, do hearby irrevocably consent to the Amended and Restated Declaration of Covenant Conditions and Restrictions for HOA NAME as follows:

And then it has places for up to 3 owner signatures.

I am curious if we have to go through the effort to get the 2nd homeowners for the 15 that only signed with one?
SheliaH (Indiana)
Posts: 6,964
Posted:
Wait until your attorney replies. The answer may rest on whether your documents allow one vote per unit,so keep reading them. If that's the case, any owner listed on the deed should be able to sign

Usually if there are several owners, they must decide among themselves who will sign the form or cast a vote in a board election. If they can't decide or don't agree with the changes for whatever reason, that throws out that unit and you'll have to hope to get 90 homes (75% of 90) to approve.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
After reflecting on this for several minutes, I think the safer bet by far is to have all those who have title to a lot sign. AFAIC anything else increases the chances that a legal challenge to the final vote will be successful. After all, it is entirely possible that a lot with exactly two co-owners may have co-owners who disagree on the vote here. Meaning the two co-owners should not submit a ballot, and this will equate to a "No" vote for the lot. Meaning the board needs to work harder to persuade people to vote for the amendment.

Do check to see whether the Bylaws speak to how the HOA is supposed to handle co-owner situations when it comes to voting. I do not think this will turn up anything to change my mind about what the safer bet is here, but one never knows.

On this topic, FS 720 has two things:

1.
If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified.


2.
A long but important discussion on when mortgagees (for homes in the HOA with a mortgage) have to give approval. If you do not know what I mean, ask.
TerriS6 (California)
Posts: 3,284
Posted:
One vote per separate interest/lot.
AidylP1 (California)
Posts: 108
Posted:
The only signatures you need are the ones who passed the amendment in the first place. If the vote to amend is 90%, then the 90% of the people who approved the measure would need to sign. If 100% of the people voted yes, you still need 90% of those to sign.
MariaO1 (Florida)
Posts: 8
Posted:
I'm not sure I understand this . We made proposals for amendments of the covenants. The rules state 75% of homeowners must approve.
MariaO1 (Florida)
Posts: 8
Posted:
We've revived yes votes back from folks with one signature. The spouses never sent in a separate vote. Unless they ever did then we assume they don't disagree? Or care
LoriM15 (Florida)
Posts: 1,009
Posted:
Our declaration defines voting rights. If your documents don't have something like this, you might want to amend them. In our case, one vote per parcel so no, we don't need to get EVERY owner to vote on document amendments.

3.3 Voting Rights. Voting Members shall be all Owners. A Voting Member shall be entitled to one (1) vote for each Parcel. Cumulative voting is prohibited. The Bylaws contain additional provisions regarding voting and procedure. The vote of a Parcel is not divisible. The right to vote may be suspended as provided by law. Suspension of voting rights shall not affect the basis for which Common Expenses are shared. However, suspended Voting Interests are subtracted from the total number of votes required when calculating any required vote or quorum during the period for which said Voting Interest is suspended.
KerryL1 (California)
Posts: 14,550
Posted:
WHAT, mari, do your covants say about voting in general, Say, for directors, etc. Surely, not every owner on title must sign something!!??

In our almost-seaside resort area of 200+ condos,, there are 4 condos that are each owned by 3 couples as shared vacay lodging. All 6 are on the deeds of each. That's potentially 24 voters, who all may or must sign ballot envelopes?? NO.

ONLY one may vote/sign a secret ballot.

My CC&Rs "5.2.1 General Voting Rights. Members shall be all Owners and shall be entitled to one (l) vote for each Condominium owned. When more than one (1) person holds an interest in any Condominium, all such persons shall be Members. The vote for such Condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Condominium."

Look for similar wording in your CC&Rs or similar to Lori's.
MariaO1 (Florida)
Posts: 8
Posted:
They say:

ARTICE II
MEMBERSHIP AND VOTING RIGHTS
Section 1. Each Owner of a lot, which is subject to assessment, shall be a
member of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot, which is subject to assessment.
Section 2. The Association shall have two classes of voting membership
Class A. Class A members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The
vote for such a Lot shall be exercised as they determine, but in no event shall

more than one vote be cast with respect to any Lot.
Class B. The Class B members shall be the Declarant and shall be
entitled to three (3) votes for each Lot owned. The class B membership shall
cease and be converted to Class A membership on the happening of either of the
following events, whichever occurs earlier:
a) when the total votes outstanding in Class A membership equals the
total votes outstanding in Class B membership or
b) on January 1, 1988
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MariaO1 on 03/14/2024 10:30 AM

Section 3. Amendment. The covenants and restrictions of this declaration
shall run with and bind the land, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years. This Declaration may be amended during
the first twenty (20) year period by an instrument signed by not less than ninety
percent (90%) of the Lot Owners and thereafter by an instrument signed by not
less than seventy-five percent (75%) of the Lot Owners.
Any amendment must
be recorded.
To me the issue remains as to whether only one co-owner (of any given lot) signing this "instrument" is legally sufficient.

If the Board does not want to roll the dice, then it is probably time to ask the HOA attorney.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here