By-Laws, Rules and Regulations

We are a new H.O.A. recently taking over from the Developer/Builder. We have created our By-Laws and first set of Rules and Regulations, been incorporated by the State of S.C. for a Non-Profit Corp. I know we have to have our By-Laws filed at the Registry with our CCR's, but must we have the residents approval of the By-Laws before we file? It isn't that we want to 'hide' the by-laws, but realize that with the somewhat techinal jargon more discussion and questions may ensue than are necessary. Any thoughts?
Carole Coley

Carole, the By-laws can be amended to replace the "the somewhat techinal jargon" with clear concise language which can be understood.

Carole, your By-laws should state who must approve them. Usually they are approved by the members at a duly called members meeting. However, some By-laws state that they can be approved by the Board of Directors.

I thought that changes the Bylaws is an anmendment
to the CC&R and requires the vote of 2/3 of the
membership. Problem the owner than wants his Dues
change from 2lots to paying for 1 lot has many
friends in our Associaion.

Sue, amendments which change the By-laws co not amendment (change) the CC&Rs. An amendment to the CC&Rs would be required to change assessment requirements.

The owner with two lots and one home simply wants to pay less. It is not wise to change the CC&Rs to assess based on number of homes owned rather than to assess on each lot.

Sue, the CC&Rs and By-laws are separate and both are necessary. The Declaration of CC&Rs is the controlling document and is tied to your deed. The By-laws are used to setup the organizational structure of your association. Each document should contain provisions on how to amend that document.

The By-laws may require a simple majority of the MEMBERS voting at a duly called members meeting. Thus it is fairly easy to amend. The Declaration of CC&Rs may require approval (preferably written) of 2/3 of all OWNERS and the amendment(s) are not effective until filed with the County Clerk. It can (and should) be fairly difficult to amend.

Carole,

I’ve been reading alone, and it’s seems you have been given some very good advice. I’m learning with every post. What Chad had posted is the way I feel it should be as well.

I’m a newly elected board member myself. I just found out that there is a gentleman that owned all the land the sub-division was build on, that had sold it all to the builder, with the exception of one lot(over grown with weeds). He sold enough land to divide into 275 lots. He wanted this to be for his daughter to be able to build a home of her own one day. Because he owns this lot he pays taxes on this undeveloped land. I’m sure it’s not as much as a developed piece of land. He also has to abide by the by-laws and CC&Rs. Meaning he does have the right to vote (according to our CC&Rs). He is generally current with his assessments and/or fines, but he isn’t even a resident in our community; however he is required to maintain the lot to avoid any fines.

My suggestion to Sue would be for every lot (occupied or not)should be required to pay assessments. I believe your CCRs will state that as well. I too agree with Roger, that the gentleman in your community may just want to pay less.

Chuck W.

It was put to a vote for the homeowners and was voted down. It turned out that it would only benefit a few people, but at least we all had a say.

Is there a website to gather information or examples to amend condo docs? This property is in Daytona Beach, Florida. We want to change or amend condo declarations and need to follow the Florida law without haveing to spend big bucks on a lawyer. Thanks.