Caught in Wording of Declaration

PLEASE HELP ANYONE---- I know based on the replies I hopefully recieve my next step will be to hire an attorney to help DELEGALIZE some legal terms/words. I am a homeowner trapped by a Board of Directors who refuses to listen to the desires of those who placed them in office... I am now on mission to protect my financial interest for the future,and need some feedback from the group- which is always so appreciated and I THANK YOU IN ADVANCE. The following is what I need help deciphering:this is the acual wording----

Section 5 : The Subdivider,until it conveyance of the Common Areas to the Club,and thereafter the Club,by a(2/3) two thirds vote of approval of the membership of the Club,other than the Developer,may modify,amend or add to this Declaration of Restrictions.The Subdivider,until it's conveyance of the Common Areas to the Club,reserves the right to modify or amend the Plat to correct engineering or survey errors or omissions,realign,relocate or add to utility easemens if required to do so by companies furnishing utilities to the Subdivision.. Whew hopefully some give me some guidance with this as I have read and reread and feel that it is essence says that in order to change the Declaration of Restrictions it requires two thirds of a VOTE..thanks again Linda P

thank you Harold- So as you read this your assumption is that it would take 2/3 VOTE -not 2/3 signatures gathered over a period of 8 months to amend the declarations ??? Linda P

Hi Linda,
Sorry to hear you are having the same problem I am facing. Our Board of Directors feel they can do whatever they want regardless of the State of Texas law!
They feel that by "recording the piece of paper, being the new CC&R and stipulating that it supercedes the original document,in Smith County Land Records is sufficient to be legal."
Our CC&R stipulates that it can be changed by 2/3 vote of all PROPERTY OWNERS, there is no mention of Association 'Members' however, the Board decided that the five Board 'Members' were enough to change the document.
See my notice 10/12/06 under "will the real CC&R'S please stand up." Good Luck. the Boards seem to think they live on Mount Olympus and have no consequences to their actions. Perhaps they don't when the people do not have the funds to take them to court.

Nikki T.