Change of Bylaws

Started by MelissaD • 1 replies • 1953 views

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MelissaD (Utah)
Posts: 2

Posted:

Our HOA is only one year old and we have discovered that the builder has taken advantage of the situation. Our HOA is made up of 20 lots, but on one of the lots there is a duplex. The builder purchased the duplex and made the CC&R's reflect that instead of dues being charged for each home that dues would be paid by each lot. Thus he is only having to pay one portion of dues for two homes. We want to change the CC&R's so that each home is responsible for yearly dues not each lot. Our budget does not begin until April 1st so how far ahead of time do we have to place a vote on this change to our CC&R's? Also, do we have to report any changes to our CC&R's with anyone from our county?

ds111 (<Not Specified>)
Posts: 7

Posted:

In general, CC&Rs are recorded with the property deeds and changing them is not an easy process. Your governing docs should have the process for changing them, which normally requires a vote of a certain percentage of the homeowners. After the votes are received, the new documents must be recorded with the county. You will want to contact a local attorney who knows HOA law to help you with this process.

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