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IrmaG (Arizona)
Posts: 11
Posted:
There is an Amendment to our CC&R's "up for vote" to change the way the assessments are done without enough percentage to pass it for quite some time now.

HOW long is a reasonable time to wait for votes to come in before the secretary declares the amendment not passible?

Is the board allowed to put out multiple mailings (over time) until enough votes trickle in to pass the amendment?

The assessment increase and change seems reasonable to me and the money is needed by the POA.
Present system: per acre Assessment, per acre vote in association
Amendment: Per Parcel Assessment, per acre vote in association
This is a remedy to provide relief for extra use of common areas (roads/wells) for parcels that subdivide (by up to 8 times) and have up to 8 owners vs. a single owner of a not-subdivided parcel.

However, I don't want someone to challenge this in the future and have the POA be tied up in expensive litigation because someone is disgruntled and says it was an illegal vote because of the time it took to pass.

How long is too long? Anyone have any experience with this? It's a first for me.....

Thanks!
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your board should have directions in the bylaws about conducting elections and holding membership voting, especially amendments.

How long are your "polls" open?

Are written ballots given a stated deadline?

Was this vote taken at an annual or special meeting of the members?

Any vote can be declared null and void due to voting irregularities. Your issue does not seem to be one that people would get that upset about, since you are having difficulty conducting business at the meetings! You cannot go on like that for long.

RogerB (Colorado)
Posts: 5,067
Posted:
Irma, it depends on your controlling documents. If the term is not specifically stated and there is no controlling state document then I presume the Board will make that decision. I know of one HOA that worked on amending their CC&Rs on roofing materials for over 3 years.
IrmaG (Arizona)
Posts: 11
Posted:
I'm afraid the by-laws are not extensive
it states that notices will be mailed 10-50 days before any meeting where a vote will take place

I think the vote was taken at a regular board meeting. They have been sending out mailings to parcel owners ever since.

Thanks.

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