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Tuesday, January 16, 2018
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Subject: HOA by laws during the development period can the board change the by laws or only the declarant
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Author Messages
GeorgeN4
(Texas)

Posts:1


12/18/2017 12:08 PM  
During the development period at a Del Web development can the boa d members change the bylaws or is only the declarant until they are gone ? Our board thinks they can change the bylaws even though the development period is not over .
AugustinD


Posts:658


12/18/2017 12:10 PM  
Posted By GeorgeN4 on 12/18/2017 12:08 PM
During the development period at a Del Web development can the boa d members change the bylaws or is only the declarant until they are gone ? Our board thinks they can change the bylaws even though the development period is not over .



Don't your Declaration and Bylaws specify this? Normally they do.
RichardP13
(California)

Posts:2202


12/18/2017 12:27 PM  
If the declarant/developer is still in control, and being a Del Webb property, I am sure they are, they also control the Board. Typically the answer in these situations, the developer, through its Board can make changes, without membership vote, until the development is turned over to the owners.
TimB4
(Virginia)

Posts:15081


12/18/2017 3:38 PM  
However, check your Bylaws to be sure.
Normally near the end of the document are the requirements for amending
VicjosS
(California)

Posts:19


01/04/2018 4:08 PM  
Interesting whether we can use this to our advantage. We are in a new neighborhood, many new owners in our neighborhood including myself are upset of how the developer scammed us by only providing a very incomplete version of the governing documents which has resulted people being surprised by the reality of the neighborhood which they only learned after they have moved in. And to learn that some annoying builder set rules won't just go away after developer turns the board over to the homeowners in the future as they are part of the CC&RS. And to change CC&Rs after the handover would be very difficult as it would require 2/3 majority vote which lowers its possibility as we all know how people loathe to voice their opinions on the ballot no matter what they think about it.

In California failure to disclose full CC&Rs or all other documentations is a violation of the business and profession codes. Which can lead to heavy fine and penalties for the developer. Though owner's would need to be willing to stand up for themselves.

We been thinking whether the residents should join together and threaten to report the developer before the handover unless they nullify the rules that pertains to obligations of residents or change them to more fit resident's needs. The other option may be to have the board go after the developer after the handover.
Our management company states that they could be changed but it would be difficult as they are part of the covenants and not just the rules. Though can the builder change them without going through such hoops? Also since they failed to disclose, shouldn't the non disclosed portions be unenforceable to the owners and future board members? As you cannot know what you are not disclosed of.

Yes we know that their actions are intentional, as we received many different copies of the necessarly documents, the binder, the CD, and a USB they all contain the same exact documents on file but the missing portion remains missing in all these media. So I doubt its by accident. Its the same way with many neighbors who bought at around the same phase as me.
JohnC46
(South Carolina)

Posts:7113


01/04/2018 4:28 PM  
George

As others have intimated, I doubt a national developer like Del Webb/Pulte did not assure they will remain in control even when your BOD thinks otherwise.
KerryL1
(California)

Posts:4632


01/04/2018 4:34 PM  
Vicjos, you've complained on many threads about not receiving the complete documents when you closed escrows. You say that others are upset too. Why not gather a few of you together to chip in and visit an HOA attorney for their opinion? Complaining to us over and over isn't going to solve the problem.
SheliaH
(Indiana)

Posts:2037


01/05/2018 7:27 AM  
What Kerry said.

You also used the actual name of your community - a no-no according to the posting rules, so don't do that again.
TimB4
(Virginia)

Posts:15081


01/05/2018 6:14 PM  
George,

You had some good advice.

The answer to your question will be within the Bylaws themselves.
There should be an area that says how the bylaws can be amended.

If this is silent, then look to corporate statutes for your State.

Hope this helps,

Tim
VicjosS
(California)

Posts:19


01/11/2018 11:05 AM  
Kerry, please understand that my intentions of my posts is to hopefully gather info from anyone on this board who have such experience dealing with their HOA particularly one that has been controlled by a developer. And to learn of their stories if so possible. We want to have some options with this. We don’t want to blindly spend fortune on a lawyer when we don’t know how to properly present our case. We are asking whether we should do it before the developer turns over or go after them as an association after it’s turned over. We know they don’t give a * about following their legal duties to homeowners both under state laws and bylaws. And they seems to havehired a lawyer to back then up as well.

We are all new to buying in a new community, most residents I know are dissatisfied with the current relations with our developer. Though as with any thing with public policy the most difficult thing is to get people trust to work together even if they think alike. As they are afraid they will waste precious time and large sums of money for nothing. We are uncertain whether we should get them before they leave the community or go after them as an association with homeowner board members after the handover.
PaiN


Posts:0


01/11/2018 2:52 PM  
In actual practice:

While under developer control the BOD is appointed/elected by the developer.

While technically the bylaws may be changed only by the BOD, the directors are CONTROLLED BY the developer .... ergo: the developer can change ANYTHING THEY WANT.



CAVEAT EMPTOR
TimB4
(Virginia)

Posts:15081


01/11/2018 3:55 PM  
In reality, these changes would be done by voting power.
Typically developers have more then 1 vote per lot owned.
Sometimes so much that they still control the voting power with only one lot remaining unsold.


Again, how the Bylaws are amended should be within the actual documents.
Some require membership votes.
Some allow the Board to amend them on their own.
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Forums > Homeowner Association > HOA Discussions > HOA by laws during the development period can the board change the by laws or only the declarant



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