Clarifying a rule or changing a CC&R

Our CC&R's read 'Trucks, Trailers, Campers, Boats: Parking is allowed in the side & rear yards if SCREENED FROM VIEW of the street & neighboring properties. This is about motor homes. Several owners have purchased thier homes after the realator told them they could park here. They have been and it hasn't been a problem. We now have a new property manager who wants to write violations for all of them. A quick vote at the meeting showed that all in attendence wanted to allow the MHs. The board has decided to drop the 'screen from view' (since you can't screen a MH)and add - with written approval from the Arch. com. & the board. Now, my question, PM says we need a 76% quorum, aren't we clairifying a rule and regulation? Are we, the BOD, able to do this without a quorum vote?

Cherie, your HOA is setting itself up for a lawsuit and I, for one, would be a homeowner that would support such a lawsuit.

Your board cannot change any covenant without the requisite number of votes required by your controlling documents. If it's 76% of the homeowners eligible to vote, then that's what it takes.

Your board cannot simply take it upon themselves to DROP wording from the covenant to make it more palatable. It can only create Rules & Regs and policies or procedures that are IN LINE with the deed restrictions.

In addition, a "quick vote" at a meeting is pointless. ALL of the homeowners deserve the right to be notified of the question on motorhomes, and not just those who happened to be at a meeting.

It's boards like the one you are describing that give HOA boards a bad name. They are attempting to circumvent the safeguards in the governing documents that prevent exactly that sort of minority control of the deed restrictions.

They do not have the authority to change any wording in the documents that are TIED TO THE DEEDS OF ALL THE HOMEOWNERS without abiding by the prescribed method for amending any of the wording.

I thank all of you. It isn't our intention to violate the CC&R's or anyones rights. That is why I asked the question before anything was done. We are in the process of voting now. But it's hard to get 50% of the owners to participate let alone 76%. I'm just thinking ahead. And here,the city does allow side parking (behind a screen gate).