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Subject: Declaration Amendments
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NpS
(Pennsylvania)

Posts:3758


09/29/2019 4:30 AM  
I've seen posts recently from folks who amended their Declaration.

Thinking about amending ours.

Just wondering what you think were the most important things to add, delete, or fix.

Thanks.

Sikubali jukumu. Read all posts at your own risk.
MelissaP1
(Alabama)

Posts:8601


09/29/2019 6:25 AM  
Any references to the developer including the two voting system. Plus think people overlook the fact that it should be just members with the right to vote. When developer is in control they may have one of their employees as a board member or member. This gets overlooked when updating and then can translate into "anyone" can be a BOD member etc... Kind of gets lost in translation and becomes cannon...

Also would take advantage of reducing or increasing board membership. HOA's are notorious for ups and downs of who wants to be on the board. It may be 3 is too little and 7 too many. This may or may not include officer positions. So think of the future when your HOA may be so filled with non interest there is no quorum present.

It's also a good time to reference "green energy" option. Many HOA's documents are vague on things like solar panels or other environmental options. There are many advantages today with allowing green energy options that restricting them may become an issue. You also have things like old technology too with satellite dishes to address to in the same vain...

There are just many individual issues with your own specific HOA to also consider. Maybe your now public streets versus private. Those things need to be referenced. Maybe you all want a certain rule about grass height, flag waiving, toys in yard, etc... Now is the time to discuss and put them in or out.

Former HOA President
SueW6
(Michigan)

Posts:586


09/29/2019 7:54 AM  
IMO:

Declarations should be bare bones.

Bylaws establish ways ( through committees or commissions) to flesh out the bare bones. The board approves committee findings or suggestions by vote. Standing committees should include those big categories of the HOA that ensure its success, sustainability and property values: architectural review; buildings and grounds, social, roads, common grounds, finance, etc.

The Rules and Regulations are apt to change so don’t make them in cement and difficult to change.( who knows if we will have lawns in 5 years? What will be the definition of a recreational vehicle? what constitutes a Member? How will meetings be held in the future? )
JohnC46
(South Carolina)

Posts:8730


09/29/2019 10:32 AM  
I do not like specific committees named in the docs. Menas you must have them and they could go rogue. Allow the BOD to appoint/dissolve committees as needed. BOD members, not committee members were elected to do the associations work.
JohnC46
(South Carolina)

Posts:8730


09/29/2019 10:38 AM  
NP

With all your posts on BOD electronic meetings and now rewriting your dosc, I must ask. Are you taking on to much at once?
CathyA3
(Ohio)

Posts:459


09/29/2019 10:42 AM  
Work with an attorney who knows HOA/COA law. Declarations are written in legalese for a reason, and most people don't know it. In addition, if your community is over a certain age, state laws governing community associations may have changed after your Declaration was written, and board members may or may not be aware of what those changes are.
NpS
(Pennsylvania)

Posts:3758


09/29/2019 11:21 AM  
Posted By JohnC46 on 09/29/2019 10:38 AM
NP

With all your posts on BOD electronic meetings and now rewriting your dosc, I must ask. Are you taking on to much at once?


Thanks for asking John.

We'll need a homeowner vote on whatever we come up with for electronic meetings. That's a cumbersome process. So if there's anything else that's worth changing, let's do it all in the same cycle.

For example, PA recently passed an HOA law that requires some form of Alternative Dispute Resolution (ADR). Doesn't apply to us because we're grandfathered, but my BOD thinks its a good idea to have something in place. So we're going to make it part of the changes that homeowners will vote on.

I just wanted to make sure that there wasn't anything out there that made sense for us to tack on.

Thanks.

Sikubali jukumu. Read all posts at your own risk.
KerryL1
(California)

Posts:6632


09/30/2019 11:15 AM  
Our changes to our Bylaws and CC&Rs have been barely discussed over the three years that the boar supposedly would rewrite them with our HOA attorny. Anyway--for the bylaws, we'll eliminate cumlulative voting and proxies (since CA allow mail-in double envelope ballots).

We're setting term limits in the bylaws, 2 -2 year terms for directors with one year break each. A co-owner may not serve either during that n break or at any tie with another co-owner.

All director must be owners
All officers must owners.

The board's in a harms of committees . There's a general guildlines for all committees. There are specific guidelines for each committee. I like on document-required committees lists., e.g. our CC&rs require an ARC. The board approves the members & chairs and the board can kick out any with it vote. Ad hoc committees for specific projects are allowed.

Eliminate Nominations Comm. and nominations from the floor.

Minimum stay for renters is 6 months. (CC&Rs & Rules and Regs.)

Update whatever PA has legislated about EVs, solar panels, etc. CA has good guide that HOAs can transfer unto their CC&Rs or ARCs.

If not already in the CC&Rs, give the board the authority to remove access to the recreation common areas for any Owners who repeatedly violate the rules or rufuse to fix th results of a rules he violated.

Well, its start. You probably have most. Maybe more later.

AugustinD


Posts:1934


09/30/2019 11:44 AM  
Posted By KerryL1 on 09/30/2019 11:15 AM

We're setting term limits in the bylaws, 2 -2 year terms for directors with one year break each. A co-owner may not serve either during that n break or at any tie with another co-owner.


Kewl. This is the first I have ever read of term limits in HOA/condo Bylaws. I know there are hazards to this. But there are hazards to the same people being on the board year after year.
KerryL1
(California)

Posts:6632


09/30/2019 1:12 PM  
Yeah, I originally voted for 6 years and then a year of, but the majority chose 4 years.. We've alsways had more candidates than openings so that's why.

This year 3 openings (on board of 7) and 6 candidates. Cumulative voting was declared, so we're stuck with it.
NpS
(Pennsylvania)

Posts:3758


09/30/2019 1:37 PM  
Nice list Kerry. Will work my way through it when I get some time. Really appreciated.

Sikubali jukumu. Read all posts at your own risk.
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