Changing the CC&Rs

Started by AlexL1 • 10 replies • 1327 views

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AlexL1 (Florida)
Posts: 305

Posted:

If the Board feels that there should be a change to one item in the CC&R, a letter has to go to ALL of the HOA members and (I suppose) given a period of time to respond. Ifthere are 100 HOA members(some live in other areas)and only 25 respond to the CC&R change, do we still have to have 1/2 approval or is it based on the number of individuals who did respond?

CharlesW1 (Georgia)
Posts: 826

Posted:

AlexL1,

I’m certain the more knowledgeable (w/HOA laws) will correct me “IF” I’m wrong. I believe that you would need to receive as many votes as (stated in your governing documents) to approve or deny the amendment.

Keep us posted
Chuck W.

Charles E. Wafer Jr.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Alex,

I don't know that the members are required to respond to the CCR amendment, in that they don't have to state whether they agree with it or not or if they think some changes should be made to it. However, a CCR amendment most likely requires a certain % of the members to vote in favor -- check your docs for the proper procedure and required number of votes.

RogerB (Colorado)
Posts: 5,067

Posted:

Alex, check your CC&Rs. It will require at least a simple majority of every home owner. If 25% respond the amendment is not approved. If it requires 67% of 100 units it would require at least 67 owners approving; so if 70 responded and 4 voted not to approve then the amendment fails. In other words, no response is equivalent to a no vote.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The Board can announce that a change is being proposed, but you need to follow the procedure for amendments AS STATED IN THE ARTICLES or BYLAWS or STATE STATUTES. Whether you can make such an important change by mail-in ballot must be verified by your governing documents.

MaryN (Virginia)
Posts: 125

Posted:

Our CCR's require a majority of lot owners to sign(if 2 people own one lot..then that is counted as 2 votes..and if those 2 people own several lots..they are only allowed to be counted as 2 one time..it is owners..not owners per lot. The signatures must be notorized. I didn't like the way the votes are counted..but we have been told by several lawyers this is the procedure to amend our CCR's..and it's not officially called a vote..but a consensus. I don't think it is fair..but it is what it is.
MaryN

MaryA1 (Arizona)
Posts: 7,043

Posted:

Mary

How can a vote be called a consensus? C opinion; vote = decision

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By MaryA1 on 05/03/2008 2:16 PM
Mary

How can a vote be called a consensus? C opinion; vote = decision

In the business world, c 100% agreement, something that rarely happens but is commonly trumpeted.

Also, OP, if you DO change your CC&R, remember to record them and get them out to all new home buyers. If they have an "old" CC&R when they buy the home, then there will be problems when you try to enforce the "new" rule.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Yes, a consensus, in this context, is a unified agreement by the group.

Often, many will have to compromise considerably in order for consensus to be reached, meaning that the end agreement, while not completely and fully supported by the group, is something that everyone can live with.

If I and 10 others want purple doors, and the remaining 30 want orange doors, the orange door supporters would "win" in a majority-rule vote.

However, if we have all agreed ahead of time that we are not going for majority-rule, but rather "consensus," then we would have to re-canvas until we found a color everyone would or could agree upon.

So if I and 10 others prefer purple doors, the remaining 30 prefer orange, but all 41 of us will or can "live with" green doors, green doors it is, based on consensus.

And, yes, consensus is a goal often claimed in groups, yet really truly very difficult to reach.

It's hard enough to find something a majority will agree to, much less EVERYONE.

MaryA1 (Arizona)
Posts: 7,043

Posted:

But, is a consensus of opinion reached by a vote or just be oral discussion? Mary N said the lawyer called a vote to amend the CCRs a consensus. I can see a difference between reaching a consensus and voting for something. To me, a vote is binding, a consensus is not. A consensus is voicing your opinion (a belief not based on absolute knowledge). Voting is stating your decision. Perhaps I'm wrong??

JW4 (Washington)
Posts: 31

Posted:

I too agree, a consenus is a position to move forward a vote makes it binding. But again your CC&R's should define exactly how many votes are needed to amend your document.

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