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Subject: Do we need a board vote?
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GlenM4
(Tennessee)

Posts:138


11/28/2018 12:04 PM  
If I am on the board and I motion to change something in the CCRs , I get a 2nd. Does the board then have to vote? or does it go straight to a community vote?
AugustinD


Posts:1208


11/28/2018 12:13 PM  
What do your CC&Rs say about the procedure for amending? If they are silent about how to bring a proposed amendment change to a vote of the membership, then I think a board could proceed in either of two ways:

1.
Motion at a board meeting to survey the membership and see if there is interest in amending the CC&Rs. If the interest is high, pay for a formal vote. If the motion is seconded; then discussion follows. After the President has heard from all interested board members, a vote of the board is taken. If the motion is passed, then the survey happens.

2.
Motion at a board meeting to put the amendment up for a membership vote.
GlenM4
(Tennessee)

Posts:138


11/28/2018 12:25 PM  
So ,

I have surveyed the community and they do what change. But 3 of the 5 board members do not. So I know if i go into a board meeting and motion for a change to the CCR , I know i will get a 2nd. But then the board would vote no 3-2 .


I was not sure if a board vote was needed on a matter that would involve a community vote.

As for the CCRs it only says the association may amend this declaration only upon the affirmative vote of the members of at least 2/3 of the total votes of the association
AugustinD


Posts:1208


11/28/2018 12:35 PM  
Glen, thanks for the info. It helps.

What are the rules for calling a Special Meeting? I suppose the members could call for a Special Meeting, and if every i is dotted and t crossed, the board would have to set up the meeting. The purpose of the Special Meeting would be to vote on this change.


Otherwise unfortunately it sounds like the next step is to vote in a new board, with candidates campaigning for this change to the CC&Rs.
JohnC46
(South Carolina)

Posts:7865


11/28/2018 12:44 PM  
I believe if done properly, a group of owners could do a Covenant or Bylaw change without BOD approval. One would need to have legal advice how to do such otherwise I expect it would fail.
GeorgeS21
(Florida)

Posts:796


11/28/2018 12:53 PM  
Once the membership of the HOA "speaks" at a greater than mandated level (2/3 in this case), the Board becomes an administrator of the will of the community.

If the Board doesn't do this - after sufficient discussion and prompting - then the CCR probably also have specific instructions for a Special Meeting wherein those Board members who have been blocking the will of the HOA are removed and replaced with Directors more aligned with the 2/3 (in this case) majority.

BUT, as always noted here - this requires some of those in the broad majority to WORK to do this, and then to WORK to make the desired changes happen.
GlenM4
(Tennessee)

Posts:138


11/28/2018 1:02 PM  
Special meetings - Special meetings of the members may be called by the board, the president or by not less then 10% of the members. The notice for any special meeting shall specify the matters to be considered at such special meeting.



I guess either way , if the board votes no, it will be in minutes who voted for and who voted against. Which will make next year getting the correct people on better.

SueW6
(Michigan)

Posts:354


11/29/2018 6:56 PM  
The board does not “approve” the amendment nor gives it its blessing, or curse. The board vets the amendment. ( is it legal? Does it conflict with any other CCR, rule, or bylaw? Is it for the benefit of all the members?

The board then motions to bring it to the vote of the members at a duly called meeting.

End of its job! .
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