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GoldF (Nevada)
Posts: 6
Posted:
Iam wondering if some rules and regulations can be changed if needed in the by laws and CC & Rs. If so who can change them and when?. We have a quorom formation number of 2/3 % like in my last post which is not possible at this point however can the board members change the no and make it easier for the quorom to meet?

EllenS1 (Florida)
Posts: 1,148
Posted:
I don't believe the board could do that. You must follow what your current docs say. It is no easy task to update or change the covenants. Good luck. Our hoa will be trying to make changes in our covenants and I don't look foward to it. I would say you must contact all members and convince them that the changes are for their good.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Gold,
As Ellen said, NO! your Board cannot just change them as they feel the need. To change your restrictive covenants, Articles of Inc and your Bylaws. that must be done by a vote to the entire membership and pass or positive vote of 2/3% of the membership.

That will take door to door or persons on the phone to strongly encourage your members to vote yes for change to any proposed amendment that you present. Sorry, this is the only way according to what you have posted.

But in reading what you have posted on both threads, you say--"2/3% for a quorum? A Quorum of the Board or 2/3rds of the membership? That would be awefully high for a membership quorum. Please recheck for us what the 2/3rds quorum is for.
EllenS1 (Florida)
Posts: 1,148
Posted:
As I said before we want to change our docs. We have given them to a law firm first so they can comment on what items in them have been superseded by current laws. Our docs are ages old and many things are not enforceable. Next, the board will explore whatever they believe should be changed. BUT, then the big thing is contacting all members, explaining the reasons for wanting a change. No small task since we have, as most, many disinterested owners, that is unless it hits them in some way personally. Most owners respond if they feel their assessments are going up to pay for irresponsible owners, etc. As our docs are now the board has no option to enforce the docs but going the legal way. I believe when our members see what we have paid in legal fees this past year they may just agree to changes..who knows? I am very glad docs do not allow boards to change all of our docs since we have had several poor boards who think they rule and can do whatever they want. Even though boards often get a bad rap I am happy we now have a board that is only interested in keeping our property values up and are not serving for an ego trip.
KirkW1 (Texas)
Posts: 1,665
Posted:
What the Board can do is to choose to not suspend rights to vote. In fact, I don't really see any other choice since they must hold the annual meeting. If they don't have enough eligible members to make quorum, then they will have to make more members eligible.

As a note though, I don't think that eligibility for voting would affect the ability to approve/disapprove a change to the covenants. It would interfere with changes to the bylaws.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By GoldF on 11/04/2008 10:50 AM
Iam wondering if some rules and regulations can be changed if needed in the by laws and CC & Rs. If so who can change them and when?. We have a quorom formation number of 2/3 % like in my last post which is not possible at this point however can the board members change the no and make it easier for the quorom to meet?


Quote:
Posted By GoldF on 11/04/2008 10:50 AM
Iam wondering if some rules and regulations can be changed if needed in the by laws and CC & Rs. If so who can change them and when?. We have a quorom formation number of 2/3 % like in my last post which is not possible at this point however can the board members change the no and make it easier for the quorom to meet?


Gold,

IMO, the answer to your questions should be found in the bylaws and the CCRs. Both should state the requirement for amending. You should also check out NV state HOA laws to see if this topic is addressed. This requirement can only be changed through an amendment. Some assn bylaws can be changed by the board w/o a vote of the members; however, CCRs can only be changed by a vote of the members.
As far as when these changes can be made, the answer is anytime. A CCR amendment can be voted on at the annual meeting or at a special meeting called IAW your gov. docs. If only the vote of the BOD is required to amend the bylaws this can be accomplished at any board meeting. If your bylaws allow proxy voting, those proxies can be used toward the quorum.
SusannaM (Florida)
Posts: 366
Posted:
My HOA is having annual meeting w/elections next month. Our Covenants have never been amended or updated since transition from developer. I had suggested that proxies for new board should also have a second item listed and that is Covenants Amendment thus "killing two birds with one stone." However, we don't have the specifics of these amendments as of yet. The new board and/or a new Committee will have to do this leg work and consult with counsel. Perhaps we'll have to call a special meeting to this effect later in 2009.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susanna,

How many amendments might be presented to the membership? From experience, most members don't pay enough attention to give them a package deal, elections and amendments. IMHO, the amendments are almost more important than the elections. Amendments will also have a different percent to change them from voting, which normally will be just the majority votes to win after the quorum is acheived. I don't know what your docs read. It is worth the wait until after the elections to get the amendments right.
SusannaM (Florida)
Posts: 366
Posted:
Donna, I've come to the same realization.

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