Amending the rule of privileges

Our present board is proposing an amendment to our Rules regarding Privileges and I find the wording somewhat disturbing. My platform to run for the board is based on using terminology that the ordinary person can clearly understand from reading it the first time ,not shaking your head and asking WHAT? I am needing some of the great people who have this same good sense in this forum to help me understand this new proposed amendment.

Rule 5.Privileges of Membership
5.1 Only Owners are members of the Club("Members").
Membership includes the right to vote at meetings of Members;the use of the Property,and its amenities;service on the Board of Directors and Committees of the Club;participation in Board and Committee meetings,and the right to authorize the admission of,or to admit,non-members to the Property (known as "Gate Clearance").

5.2 Adult family members may enjoy the above privileges except voting at meetings of Members.
THIS WHAT THEY WANT TO INSERT - ALL IN CAPS=
FOR THE PURPOSE OF THIS RULE A FAMILY MEMBER MEANS- A SPOUSE,THE CHILDREN,GRANDCHILDREN,BROTHERS,SISTERS,PARENTS AND GRANDPARENTS OF EACH OF THEIR SPOUSES.Now I will continue with what is the rest of the present rule.Minor members of the family of a Member(defined as those under the age of 18 )may use the Property,and its amenities,but must have written permission for the unsupervised use of the swimming pool,tennis courts,lodge,exercise room,trap and skeet range,and use on the roads of golf carts.A Minor of a members family may not grant gate clearance.

Now if i am reading this correctly and trying real hard to understand the insertion of the new wording of a family member are they saying that now all my KIN FOLK are really members by virtue of blood line alone?I always thought this rule was intended to mean by adult family member my immediate family like my 22 year old son who still lives at home...My mother brother sister and all those other folks are GUESTS when they visit here.NOT MEMBERS......So now my brother can grant gate clearance and run for a seat on the board ? am I seeing something that isn't there ???? Thanks for help and support... Future board Member ?????? Linda C

Jim- We are located in the Great State of Florida ...and yes we are a legitimate legal HOA governed by the Laws of the State of Florida and our By Laws and recorded Declaration of Restrictions....It's they who insert the "fancy" wording about Members ,probably because we are a hunting and recreational facility......Hope this helps as you try and Help me understand what's happening here.thanks for your time with this post Linda C

LindaC3

It appears that your Club has gone overboard with rules. The rights and obligations of owners/members are defined in the CC&Rs — no more and no less. There might be an exception if the CC&Rs provide the authority to the Club to further define and extend the privileges of members.

The CC&Rs should define family privileges as related to the owner/member. If the CC&Rs don't include all the kinfolk, then the privileges don't apply to kinfolk.

It may be well to review all the rules to ensure they are all founded in the CC&Rs.

Linda, reread my post "The wording is faulty and when it conflicts with your Declaration it does not apply." I agree with you that their wording is in conflict with the Declaration. It is not a clarification of it. Therefore, if passed it means nothing. Rather than contacting an attorney and filing suit, I would suggest a proactive approach. Send them a letter advising the Board that their current wording of their proposed rule would violate the Declaration. To be proactive you could enclose a proposed rule which would comply with the Declaration and achieve what you presume is their reasonable objective. Your post indicates you are very capable of drafting such a proposal.

Roger-- Thank you for the compliment.... This is a very difficult Board we are dealing with- To compound the issue is that 4 of the Board members are attorneys and I am aghast that as this is their field of expertise that they themselves do not understand or comprehend the legal ramifications of such a rule....I have had many a discussion with other Members about this rule and they DO NOT see a problem with it- They continue to live in a clouded haze and say there is NO WAY that the Board which has attorneys on it would EVER do anything that is wrong legally...As the present Rule is written before any amendments are added to it- It is flawed already .......I feel that when they describe Adult family members of Members the rule could use clairification as to THOSE WHO NORMALLY RESIDE with the Member would enjoy all the above privleges............As written it lends itself to imply "family" as defined per declaration...Read oringinal post for present Rule wording before amendment........I know I could rewrite the rule and be laughed right out of the meeting- blackballed and then harassed as other Members have for having an opinion....Believe me it happens all the time - and they are afraid to then stay invovled or get involved..what a shame that an HOA instills such apathy in its Members-- Now you know why I am running for the board..I may only be one voice but I would like to be that voice of REASON...Linda C

Congratulations Linda, you should be very proud of your accomplishment. I'm very happy that you took the advice of your fellow board members and turned a negative situation into a very positive one.

It sounds like your board is happy with what you did.

Keep up the good work.