changes to convenants

Started by GaryO • 3 replies • 1388 views

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GaryO (North Carolina)
Posts: 1

Posted:

Not sure where to begin, Need to make changes to our convenants; adding & removing some things. We need to do this by a written vote due to not all property owners attends annual meetings. And we need at least 67% to change. Please advise me on how to do this.
I'm hoping someone can advise us. We don't know where to begin. Thanks Gary

CharlesW1 (Georgia)
Posts: 826

Posted:

I’m sure someone will correct me if I’m wrong, but I think you would need to have an HOA attorney draw up a draft of these changes and (the board or management company) would have get a signature from 2/3 of the members in the community for these changes to be “approved”

I think so anyways. That makes the most sense to me.

This site is full of great advice and plenty of suggestions. I’m sure the information you are seeking has been discuss in previously written posts.

Keep us posted and good luck.

Chuck W.

Charles E. Wafer Jr.

JulieS (Georgia)
Posts: 412

Posted:

We just amended our covenants to allow for an iniation fee. We needed 2/3 majority vote. After several mailings, we decided that we would re-key the pool when it opened and have people pick up their pool keys. When they came to pick up their key, we had them sign pool rules and vote on the amendment. We finally got the number we needed and the covenants changed in July. We will probably do this again when we go through the process of changing from an HOA to a POA.

RogerB (Colorado)
Posts: 5,067

Posted:

Gary, I have helped HOAs amend all of their documents. To be official in Colorado I file the Declaration Amendments with the county clerk; the amendments to the Articles of Incorporation with the secretary of state; and the amendments to and the Bylaws and Rules & Regulations are filed with the Association and given to every homeowner and every new owner.
An attorney can be used but is not required.

The most difficult problem is getting 67% of all owners to approve amendments to the Declaration. I recommend doing this in writting using a ballot vote. Include a ballot to approve or not approve each proposed amendment plus signature and date lines; a letter explaining the pros and cons of the proposed amendment; and a self addressed stamped envelope. Request a response in 2-3 weeks and after that be prepared to go door to door.

If sufficient votes are received to approve (no returned ballot is equivalent to a not approved vote) then prepare a letter with the amendment. This is signed by the President and/or Secretary with a notary and then filed with the county. File the ballots in case there is a future challenge to the recorded amendment.

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