What requires a homeowners vote

Started by NK • 2 replies • 1628 views

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NK (Washington)
Posts: 1

Posted:

Our HOA was just transitioned from developer control to homeowners recently after construction was finished and a board elected. I’m wondering if the laws can be rewritten without homeowners vote, or if there must be a meeting held to approve new laws? Also is there a certain monetary limit to how much money can be spent by the board from the reserve before a homeowners vote is required?

DonnaS (Tennessee)
Posts: 5,671

Posted:

NK,
When you bought your home, you should have received a set of Documents from the Developer that spell out the Covenants and Restrictions, along with your Incorporation papers. Those are your official CC&Rs, governing documents of your association.

You ask if you need a vote of the homeowners to rewrite them? Of course you do. You are now in a partnership with every other homeowner in the developement. Your Articles or Bylaws will have a percentage number by which you will need to obtain a quorum of the membership in order to have legal meetings for the purpose of amending any documents of the association.

It also will give you a percentage that you will need to obtain positive or "YES" votes in order to change and enact any documents. There will also be in there if there is a percentage limit as to dues and how much they can be raised. Your Board might or might not need ownership approval for any budget decisions. That again will be in your own documents.

You also need to check with your State Statutes or Laws on H.O.As. as for limits and regulations on governing your association.

RogerB (Colorado)
Posts: 5,067

Posted:

NK, read your Declaration and By-laws on votes needed to pass motions, establish rules and regualtions, and to amend the Declaration, Articles of Incorporation, and By-laws. It requires a vote of the homeowners for amending the Declaration and the members for motions and amending the By-laws. But you individually are not required to vote. Approval can occur without your vote.

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