How do we amend an amendment

Started by JanJ3 • 1 replies • 929 views

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JanJ3 (Texas)
Posts: 1

Posted:

We have a small HOA. All of us volunteer. We just had an emergency meeting called by members, in reference to renters. By 75% of the homeowners it was motioned, seconded, and past. All homeowners with renters currently were grandfathered in. Now how do we amend this and is it legal for us to ban pit bulls? Please help?

MicheleD (Kentucky)
Posts: 4,491

Posted:

How far did you investigate the legality of banning renters and/or pit bulls?

Also, what type of association are you?

Single homes?

Condos?

Patio homes?

Town houses?

The problem with banning renters (or pit bulls) is that, among other issues, your local municipality ordinances or state statutes may not allow it.

I know that the pit bull issue is very questionable, as many cities and states are finding that designating a single breed has been found unconstitutional. Pit bulls especially, since there is no universally accepted definition for the breed.

In addition, even though your documents might require 75% for most amendments, ones that restrict an owner's ability to sell or rent a home may require 100% OR may even be successfully challenged in the courts.

Have you spent the time to sit down with an HOA attorney to find out what you can and can't do with your governing documents?

It might be a good investment for at least one good, thorough meeting along those lines.

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