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WalterB (California)
Posts: 6
Posted:
FRIENDS: I am one (1) person of 66 whom are owners of Condominium's called Circle R Homeowners Association #1 located in the State of Ca., City of Escondido, County of San Diego. Last week Lindsay Management Services sent each property owner a Ducument titled: First Restated Bylaws and a second Ducument titled: Second Restated Declaration of convenants,condutions and restrictioins (BOTH OF)CIRCLE R.homeowners association No.1
In our current CC&R's under RRDA #2 Comman Area, Streets, Vehicles it states. Vehicles prohibited from parking on the road surfaces driveways and carports for periods exceeding four hours include all commercial vehicles, vehicles of 3/4 ton & over, campers, trailers, RV;s etc. Nor may such vehicles be parked for more then four hours anywhere within the project area. For RV loading -unloading, a maximune of 12 hours allowed.
In the new Ducument mentioned above (Second Restated Declarations of convenants, ETC) the Board of Directors want to the section on Vehicles and Parking to read: Recreational vehicles,boats,motor homes,trailers,commercial vehicles, or any other special vehicle are not permitted to be parked in any areaof the Development except for loading and unloading purposes, not to exceed two(2)successive days and less then four (4) days in any calender month. NOT ONE (ZERO)PERSON ASKED FOR THIS CHANGE. THE CURRENT PRESEDENT OF THE BOARD SOLD HIS 32 FOOT CAMPER TO HIS FRIEND, ANOTHER BOARD MEMBER AND IS TRYING TO MDO HIM A FAVOR. THERE ARE NO OTHER MOTOR HOMES IN THE PROJECT. PLEASE HELP US.
RogerB (Colorado)
Posts: 5,067
Posted:
WalterB, by help I presume you want suggestions on how to defeat these amendments. First, I would ask for a copy of the minutes of the meeting where these proposed amendments were approved by the board. This should tell you if the proposed action was approved and by which board members. If not approved, who authorized this illegal action?

Check your Declaration to see what percentage of all owners must approve in order to amend. Often it is 67% of ALL units. No response is probably equivalent to a "disapprove" vote; and since many members do not vote it is difficult to get an amendment to the Declaration passed. However, for the bylaws, normally it only requires a majority vote of those who respond (assuming a quorum) to approve.

You can go door to door with others who are opposed. Take blank copies of the two ballots and have members who are opposed complete them. You can collect, record, and then send them in. Also, you can request being on the talley committee to count the votes to assure an accurate count.

Good luck,
Roger

LuciusD
Posts: 139
Posted:
Is it possible the "documents" to which you refer are DRAFTS of PROPOSED revisions for which the board will be seeking owner approval?
And is this change all that unreasonable? It sounds to me like the previous wording was awfully strict.
How can it be that "not one person asked for the change". Are your board members not persons?

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