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MaryS14 (South Carolina)
Posts: 1
Posted:
Hi-

I live in a townhome community of about 100 units, built 3 years ago. The homeowners gained control of the HOA almost a year ago. As of this time our bylaws say "no fences" and I would like to try to get that amended. We are one of the few townhome neighborhoods in the area that do not allow fences. We do have an ARB, but since the bylaws need to be amended I think I should bypass doing an ARB request and just write a petition to the HOA and BOD. Does anyone have any advice at all on how to go about getting this passed?? I know that a 2/3 homeowner vote is required to amend a bylaw. The problem is that nearly half of our residents are renters, so getting those homeowners to participate that don't live here might be a little difficult. I have talked to some of the residents and many are for it and would want to put a fence up also, but most do not care either way.

The residents are really bad about picking up after their pets and I am always walking out my back door to see a big pile under my porch. I would report it but I never see them and don't want to report the wrong person.

Please help with any advice, terminology, or discussions on here that would be helpful.

Thanks so much!
MicheleD (Kentucky)
Posts: 4,491
Posted:
First, it's very rare that an HOA or a COA doesn't have provisions in its documents to amend the restrictions.

Some don't allow any amendments for something like 20 or 30 years or more.

Others, however, and most that I've seen, allow amendments as long as a requisite minimum number of votes carries it.

You would need to review your governing documents (our bylaws don't cover restrictions such as fences, sheds, etc. Our bylaws only cover the functions of the board. Our Deed Conditions, Covenants and Restrictions are the documents that cover all the dos and don'ts for homeowners.)

Anyway, review your governing documents and make an outline that gives you the steps required to amend the documents.

Then follow those directions.

Most likely you will need to obtain a certain number of signatures on a petition to call for a special meeting to put the amendment up for a membership vote.

Then you will need to obtain the requisite number of votes for the amendment to pass.

I would recommend, however, that you obtain some sample wording for the proposed amendment so that you reduce the chance of ambiguous language to minimize confusion later.

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