MariaO1 (Florida)
Posts: 8
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?
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?