Changing cc&r's and bylaws

Not trying to give legal advice, but here's some info to get you started: Your association's recorded Declaration should have a procedure for additions and modifications. An example I have seen is one that says amendments can only be made with approval of 80%, or more, of the home owners. Others go so far as to require the mortgage companies holding loans on the units to also approve any changes.

Your state laws also come into play, as to what you may or may not restrict (since homeowners rights come into play).

Have a look at this news article for an example of a case in Arizona:
http://www.kpho.com/Global/story.asp?S=3609446&nav=23KucHF4

Also look out for city rules as well:
http://indyweek.com/durham/2004-05-26/triangles2.html
http://www.statenews.com/article.phtml?pk=28689

So, the first step is to review the recorded documents of your association and find the amendment procedure. If you decide to proceed, you will definitely need to work with an attorney on this one.

Finally, here's a clip from the Washington Post, as well:

From: http://www.washingtonpost.com/wp-dyn/content/discussion/2005/04/14/DI2005041903130.html
"Washington, D.C.: My building recently went through a condo conversion (for lack of a better term, long story). Anyway although there were bylaws in place when we set out on this little venture, the Condo Assoc. is trying to come up with some new "rules" and bylaws. I'm on a committee about limiting rentals. First, does it matter to limit rentals and if so, is there a suggested cap? We're considering no more than 1/3 be rented at one time and that when someone moves out of a currently rented unit, that unit move to the end of the que for rentals, thus avoiding too many investor/non-resident owners. Does this make sense?
Maryann Haggerty: First: Consult with the association's lawyers to make sure you do everything absolutely by the book. Yes, it makes sense to limit rentals, if that is what owners want to do. Lenders shun buildings with too many rentals. In fact, 1/3 is probably too many. "

Jamie,

Please help me clarify what you said, I'm trying to understand. Your not suggesting volunteers walk around their communties to get signature votes are you?

Aren't 67% membership approval to make changes, to take place either at an annual or a special meeting? Not by walking the community getting sinatures for votes?

Are such door-to-door votes acceptable? My By-Laws say annual meeting or special meeting, to put forth a motion, to form a quorum to obtain 67% for amending the Articles of Incorporation and 2/3 for amending the By-Laws. No mention of door-to-door votes.

You say prepare a docuemtn with the state. What document is that? Where do you get one?

Then, rereading what you said, I think I understand, the signatures are need to make sure the homeowner's want those changes, and what the changes are to say, and to supply this to each homeowner. Before or after the vote? If the homeowner did not get a copy of what those changes are to say what can a homeowner do?

What is the proceedure to notify the homeowner's for a special meeting? Is certiefied mail required?

Thank you, Jamie,
Audj