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DaleH1
(Indiana)
Posts:2
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| 09/10/2008 1:34 PM |
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We have a small HOA (6units). We also belong to a larger POA and have an elected member who attends meetings of that POA. Homeowner's in our HOA took over the landscaping in April of '08. To get that approved, we had to appear before the POA Board. After our presentation, the Board voted "yes" to us proceeding as planned. That's in the minutes.
Now the Management Company is saying that the C&Rs need to be amended to show this change in how the landscaping is done. It amounts to a couple of sentences spread over 2 paragraphs. A local lawfirm quoted $5000 to do that! Anybody have experience with this? Is there a cheaper, easier way to get these changes done?
Dale H. |
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SusanW1
(Michigan)
Posts:2176
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| 09/10/2008 1:44 PM |
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Whose C&R's , your's or the POA?
$5,000??
Gee, I never knew BS could run uphill!
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GeorgerwilliamsW
(Indiana)
Posts:707
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| 09/10/2008 1:48 PM |
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I am going to be interested in what others have to say about this.
I doubt it is necessary to amend the declaration of covenants. Most boards in Hoosierland have the ability to make reasonable interpretations and adjustments to the covenants.
It is up to the board, I think, to tell you that the declaration of covenants has to be amended, not the property manager.
Nevertheless, $5,000 is not out of the bounds of reason for this type of legal work. I am presuming that any change to the declaration of covenants will require a vote by homeowners. |
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DonnaS
(Tennessee)
Posts:2833
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| 09/10/2008 2:16 PM |
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Dale,
I think that you need a new management company because what you described to us has nothing to do with the CC&Rs. What does the POA control as for the landscape contract. You said that Homeowners took over the landscape? Copy and paste your 2 paragraphs that supposidly need to be changed? |
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MaryA1
(Arizona)
Posts:2241
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| 09/11/2008 8:50 AM |
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Posted By DaleH1 on 09/10/2008 1:34 PM
We have a small HOA (6units). We also belong to a larger POA and have an elected member who attends meetings of that POA. Homeowner's in our HOA took over the landscaping in April of '08. To get that approved, we had to appear before the POA Board. After our presentation, the Board voted "yes" to us proceeding as planned. That's in the minutes.
Now the Management Company is saying that the C&Rs need to be amended to show this change in how the landscaping is done. It amounts to a couple of sentences spread over 2 paragraphs. A local lawfirm quoted $5000 to do that! Anybody have experience with this? Is there a cheaper, easier way to get these changes done?
Dale H.
IMO, the CCRs would only need to be changed IF it is written the POA is resp. for landscaping. You ask: "Is there a cheaper, easier way to get these changes done?",other than paying an attorney $5,000. Yes there is -- do it yourself! You already know what needs to be amended. Have the board secretary or the manager write it up. Call a special meeting of the members to vote on the amendment, then have it recorded at the Co. courthouse. |
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DonnaS
(Tennessee)
Posts:2833
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| 09/11/2008 9:36 AM |
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Mary, The only thing that I would add to your post is that YES!! the HOA can write the change to an amendment but I would definitely have a lawyer or someone legal review it for correct language. If anything involving the wording ends up in court, Judges go ballistic over home made docs that are not worded in legal language. Too many uncertanties if it is not worded correctly. Cost? Should not be more than a couple of hundred bucks. |
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SusanW1
(Michigan)
Posts:2176
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| 09/11/2008 2:00 PM |
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Dale has not told us WHOSE CCR's need changing. Yes, he can change his OWN documents, but maybe that huge quote is for the master POA's amendments.
I imagine that the POA's documents are going to have to be revised since they have allowed an HOA to be formed under it.
That could be where the $5 grand comes in - there will be a changes at the top - ergo, my comment that some stuff will "flow upwards." Hope Dales group won't get involved in paying for any POA legal work.
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MaryA1
(Arizona)
Posts:2241
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| 09/12/2008 6:27 AM |
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Posted By SusanW1 on 09/11/2008 2:00 PM
Dale has not told us WHOSE CCR's need changing. Yes, he can change his OWN documents, but maybe that huge quote is for the master POA's amendments.
I imagine that the POA's documents are going to have to be revised since they have allowed an HOA to be formed under it.
That could be where the $5 grand comes in - there will be a changes at the top - ergo, my comment that some stuff will "flow upwards." Hope Dales group won't get involved in paying for any POA legal work.
It would appear to me that both sets of docs would have to be amended. The POA would amend theirs and Dale's assn would amend theirs. You can't have conflicting articles between the two sets of CCRs.
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KirkW1
(Texas)
Posts:1145
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| 09/12/2008 7:06 AM |
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I don't think anyone here has nearly enough information to advise on which documents need updated. And I don't know that we even have enough to know if the PM knows what they are talking about.
If your documents state that common area landscaping is under the purview of the larger POA then you need to amend them. But I question if this is really the case. I would have to see the documents to give an opinion.
All the same, you can write the change yourself. Then pay to have the revision reviewed at a much lower cost then paying for "new" work. Then you must start the process of owner approval. Don't forget to record the change should it be approved. You should also mail a copy of the registered document to all owners.
But read your documents well and see if they address the issue and how. Then figure out what needs to be changed. Write a draft for the change. Kick it around and get a number of people to look it over. You will probably want to tweak it several times to get it right. |
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DaleH1
(Indiana)
Posts:2
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| 09/13/2008 3:19 PM |
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The CC&R's are for our HOA. Thx for the responses.
Dale H |
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