SteveH (North Carolina)
Posts: 10
Posts: 10
Posted:
Background:
I am the new president of an HOA that has not been in existence for the last 15 or so years. With that much time, few residents are around that were then and those had nothing to do with anything. To avoid complications with the old association, we are simply starting over again and the only encumbrances should be the covenants that transferred with the properties.
I am in the midst of finding out lots of new and exciting stuff like that we have to file a tax return. But my questions go more towards bylaws and covenants.
The proposed bylaws indicate a residence requirement of 67% approval to change the bylaws. However, the one thing that we have going for us now is the fact that these bylaws are not in place, and I think we should be fine with a simple majority. However:
1) Do we need to get a simple majority of ALL homeowners to pass the bylaws, or without any requirement to the contrary, can we make it a simple majority of all those who decide to vote?
2) Most of the new covenants that we want are not even addressed in the old covenants. The old one requires 75% to change. BUT… can we also elect a new set of covenants that don’t change the old set? (There would then be two sets of covenants.) Or must we modify the existing ones because if it wasn’t disallowed, then it is allowed? If we can have two sets that do not conflict with each other, we can pass the second set by a simple majority. However, we barely have 75% resident homeowners as it is. Finding 75% that live there, are home, aren’t jerks, care enough, and agree with the changes would be a nightmare.
Anything you can answer to help is greatly appreciated.
I am the new president of an HOA that has not been in existence for the last 15 or so years. With that much time, few residents are around that were then and those had nothing to do with anything. To avoid complications with the old association, we are simply starting over again and the only encumbrances should be the covenants that transferred with the properties.
I am in the midst of finding out lots of new and exciting stuff like that we have to file a tax return. But my questions go more towards bylaws and covenants.
The proposed bylaws indicate a residence requirement of 67% approval to change the bylaws. However, the one thing that we have going for us now is the fact that these bylaws are not in place, and I think we should be fine with a simple majority. However:
1) Do we need to get a simple majority of ALL homeowners to pass the bylaws, or without any requirement to the contrary, can we make it a simple majority of all those who decide to vote?
2) Most of the new covenants that we want are not even addressed in the old covenants. The old one requires 75% to change. BUT… can we also elect a new set of covenants that don’t change the old set? (There would then be two sets of covenants.) Or must we modify the existing ones because if it wasn’t disallowed, then it is allowed? If we can have two sets that do not conflict with each other, we can pass the second set by a simple majority. However, we barely have 75% resident homeowners as it is. Finding 75% that live there, are home, aren’t jerks, care enough, and agree with the changes would be a nightmare.
Anything you can answer to help is greatly appreciated.