Can By-laws Be Changed With No Vote?

Hotly debated subject at Board Meeting last night.

I know I've discussed this topic here before so just a recap:
Our By-laws state NO PETS. Period. The developer (when selling units, condos) told buyers they could have a cat or other small pet, because the "Board" wouldn't say anything. They WERE the Board. When the owners took over, the new board was left with the mess.

They made a rule stating that pets only 15 pounds or less who are 100% indoor pets are allowed. Now a few people who have "pocket pooches" are requesting they be allowed to walk the dogs on leashes from their units to their cars and off the property.

Some of us argue that that rule should not be changed without a vote of the entire membership because the majority of people bought here with the expectation that there would be no animals. Our property manager says the Board can change any of the rules....I told him they can't; if it's a direct violation of the by-laws. Am I wrong about that?

So at the meeting it was suggested that we post an informal poll for people to make known if they want the rule to remain unchanged or to allow people to walk their dogs. They suggested that the majority of poll opinions "wins".

I'm beating my head against the wall because this seems like such an unprofessional way to go about this....and is it legal? Especially when the majority of the people never bother to read the postings on the bulletin boards and only think things are important if they receive a mailing about business.

Thank you.

Donna,
If I read right, then what you end up with is a By-law about animals.
In my opinion, this would be a statement of what is allowed as to size, number, etc?

May I suggest that any other rules as to leashing, where to walk, etc, etc, be covered under a Rules of conduct and would not require an amemdendment to tweak. These Rules of conduct are constructed by the Board and enforced by the board and can be changed by the board.

No polls, no surveys, no fudging it.

You must amend your bylaws according to your documents, whether that is to call a meeting of the members to approve a motion to amend OR if your board can change the bylaw at a duly called meeting.

More and more people have pets and this deserves another look. Set up an exploratory committee to feel out the community.

Just who will monitor the entire process is another question. (animal police??)

Susan,
It does not work that way in Florida. All changes to the CC&Rs or Bylaws must be done by a vote of the members. It only passes to change if the required percentage is acheived and no other way. Many associations need a 2/3 % of the membership, sometimes a little lower, sometimes a little higher.

I commend Annas association for wanting to do a survey first. If they see an overwhelming percent of the respondants are in favor of a pet rule change, then they will procede to spend the time, money and energy on going to the vote process. The survey carries no legal authority, only advising the Board of the mood of the membership.

I have to jump in here, too.

The developer gave a verbal approval. Too bad for the owners of the pets. No Pets means No Pets, unless they have some sort of waiver of the covenant in writing.

The board had no jurisdiction to make ANY "rule" regarding pets since the covenants do NOT allow pets. Therefore, any rule in direct conflict to the covenants is void.

Those people are not entitled to keep their pets.

Now, that's going to get ugly.

However, the only way to rectify the situation is to propose an amendment to alter the covenant regarding No Pets.

If it passes, everyone is happy. Everyone gets to keep their pets.

If it fails, then all those with pets do NOT get "grandfathered" since the covenant regarding NO PETS existed already and is NOT a change to the by laws. They were in violation, and still are.

The pets will have to go.

That is still going to be ugly, but I don't know of any other way to handle it and still maintain the integrity of the governing documents.

Just curious:
what is the threshold for bylaws changes in Forida? majority? 2/3s?
and CCRs - 2/3's?

Susan,

The Statutes state, 2/3% unless otherwise stated in the governing documents. That is for 720(hoas), 718(condos) and 723(mobile home)