CC&Rs

Kentucky. We,the board wish to amend the Articles. Our Articles state "This Declaration may be amended at any time by an instrument executed by persons or entities able to exercise seventy-five percent of the voting power of all classes of the Association." My question is after the vote and the amendments are approved do we have to write a new declarate or can we just attach the amendments to the existing Declaration. It would be very costly to issue all 174 homeowners with a new set of Declarations. There must be some of you who have changed/amended your Declarations.
Second question how do you get 75% of your members out to a meeting.
Thank you

There may be some Kentucky statutory and case law that directs how that 75 percent is achieved.

You should note, however, that it requires the signatures, not votes, of the homeowners. As such, it may not require a meeting vote, but rather a petition-like effort. It may also have to be notarized as well.

You may with to check with your county recorder to see if that office can provide any guidance on proper procedures.

Robert,

You just need to send each member and amendment sheet to be joined with their full document set. Because it is an amendment to your Articles Of Inc, a copy of it signed must be sent to your State NON PROFIT CORP division for official recording, along with a copy to your County Clerks office. No need to send out full sets of documents.

Robert,

Make certain you thorouhly read and understand the amendment clause of your declaration to determine the method for amending. My former assn CCRs only require a vote of 75% of the members, while the CCRs of my present assn requires "written approval OR affirmative vote, or any combination thereof of the voting owners representing 75% of the votes entitled to be cast." As you can see the requirements are quite different. Be careful to do exactly what is outlined in your declaration.

Robert? Why do you want to do that?

We have our original documents, and we have had a variety of CC&R amendments over the years.

We just simply file them in the county deed room and mail a copy to each homeowner.

We have been advised by several attorneys over the years that it is a waste of time and money to "rewrite" the docs to remove the declarant or developer references or the references to the two classes of votes (since only one class exists after turn-over anyway).

Of course our documents also mention that declarant or developer means any entity that takes over the duties and responsibilities of declarant or developer, or to which he assigns.

(c) References to "Developer" shall include any entity, person or association to whom Developer may assign the foregoing rights.

Can someone tell where I can find samples of amendment ballots for a vote by mail on changes to the restrictions. We wish to be sure that the wording of ballots is such that they will be no questions as to the legality of the vote. Sorry about the time delay but we thought that we could do it ourselves. I did go to a HOA that Roger recommended but was unable to see the samples as I needed to be member to login.
Thanks