Cost to Amend Bylaws/CCR's

Does anyone know the approximate cost to make amendments to Bylaws/CCR's in Hillsborough County, Florida, including lawyer fees, county state recording fees, etc? Not that we have plans to do it at this time and based on the quorum requirement, it would be difficult. I am just trying to get an estimate, should a homeowner raise the question. Thanks

I've worked with a number of association's to overhaul their documents (I don't do this anymore) and here's the process I've found that seems to work best:

1) Board meets with attorney and consultant (if you think you might need one, in the future I will just refer to the board). The attorney is there to advise the board on any new language that is needed in order to bring the documents into compliance with any new federal or state laws, and any other recommendations he or she has. Cost: 2 hours of attorney time

2) Board puts together a survey of the documents, asking the owners to evaluate each of the sections. Is this fair? Can you understand it? Will you obey it? Also request suggestions for any other possible additions, changes, and delections. Cost: time to put the survey together, printing and postage, and correlate the results.

3) Based on the survey, draft possible changes to the documents. Send to attorney for review only of major problems. Cost: drafting time, attorney review - 1 hour

4) Send the proposed changes out to owner again, with invitation to town hall type meeting to discuss. Cost: printing and mailing

5) Meeting Cost: whatever it costs you to have the meeting and attorneys time (yes, have him or her there to answer questions and to get additional input)

6) Based on the meeting, have attorney draft final language for changes. Cost: attorneys time based on number of changes

7) Schedule a vote, send out full package. Cost: Printing and postage

8) Vote -

You're trying to find and build a consensus throughout the project. You want to come out the other end with a set of documents that are legally correct and enforceable, and that the majority of owners agree to abide by. You really want the vote to be a "done deal", because you've already dealt with the issues beforehand.

Joe

The cost to amend By-laws/CCRs can vary greatly and depends primarily on costs for an attorney's fees. Amending the By-laws is much easier than amending the Declaration. This can be done by a vote at a members meeting. It required drafting the desired amendments, providing the gist of the amendments in a Notice for a duly called member's meeting - often this is done as part of the annual members meeting. The current By-laws should advise on how to amend the Bylaws - it may take 2/3 approval of MEMBERS voting at the meeting. For amending By-laws the cost to HOAs we manage, including printing and mailing costs to all members has ranged from $100 -$300 (no attorney fees).

To amend the Declaration is considerably more difficult. It usually takes at least 2/3 approval of EVERY OWNER. We have assisted each HOA we have managed with amending their Declaration. We have found the most effective means of getting approval is to mail a copy of the proposed amendments to each owner with a letter listing the reasons needed for the amendment, discussed the pros and cons, and provided a contact in case they had questions. This is usually a much better process than holding a special members since attendance at any members meeting is very limited.

A ballot listing the amendments, signature and date lines, and a self addressed stamped envelop is enclosed. Since no response is equivalent to a NO vote, after receiving responses a door-to-door campaign has always been required to achieve passage. IF the amendment passes we draft a letter to file the amendment with the County Clerk. That letter is signed by the President and Secretary and notorized. The signed ballots are preserved in case there is a legal challenge to the amendment.

Depending on the amendments to the Declaration it may be necessary to have a special members meeting to establish the wording desired in a specific amendmend. And depending on the amendments to the Declaration it is sometimes recommended an attorney review the amendments. An attorney was used one time at a cost of $198; after 3 phone calls to get a response, their contribution was "I read your proposed amendment and it looks okay to me". The costs, included filing fees, printing and mailing the ballots and printing and mailing a copy of the registered amendments to all owners, have ranged from $300-$500 (plus any attorney fees).

Chuch, if you noticed my last post I listed MEMBERS to change the By-laws and OWNERS to change the Declaration. I am not familiar with aGeorgia POA but it sounds similar to a Colorado HOA. There is a difference since the Declaration is tied in with the deed in Colorado. Thus to change from an HOA to a POA it possibly I think it could require signatures from all homeowners not just members eligible to vote at a meeting. Your Georgia statutes may clarified what is needed.

Julie,

That is so much better. I was concerned that we wouldn’t be able to get all the approvals needed to make the switch. I know, that I would not agree to something that may potentially have the power to foreclose on my home because, I didn’t pay my dues, Who is going to sign off on that? Not the violators.

I’m glad you contacted me about this. Thank you

I’m anxious to get the POA process implemented. For all the reason you are so well aware of.

Chuck W