ADR

Started by JillC • 1 replies • 1217 views

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JillC (California)
Posts: 26

Posted:

Hello everyone! I'm back again. I am the one that was questioning how many votes to change an amendment. The board voted once and the amendment did not pass. 45 members. 18 YES 13 No and 14 votes not returned. The board then said they were going to revote. Now the board says that they are just going to pass a rule restructing parking even though the CCR's do not restrict parking. We have a mid-size turck we have parked in our large driveway for 4 years. In California we are required to go to IDR. We did and offered to cover up the door with a plain magnet or grandfather us in. Both of these were rejected by the board with their reasoning being they want to keep the community residential looking not commercial looking. Oh, there is also the Pres. truck with signage, pool contractors trucks with signage, airport vehicles, CAL-Trans vehicles. The board says that they are fine but ours is not because we use it for profit. So, that IDR is done we must move on to ARD before we file suit. Question, How do we find someone to do our ADR? We really do not want to get a mediator from the management company. Has anyone had this happen before and what do I do? Any suggestions?
Jill

RaymondC (Minnesota)
Posts: 64

Posted:

Different actions require different percentages of voters and different quorums.

Now, you are talking about the board passing a rule, which is entirely in their authority since the documents are silent on the issue. The board alone can do this, and it does not require a vote of the membership, only a quorum of the board to conduct business, and a majority of the quorum in favor. This is not an ammendment, unless they are planning to alter the original documents at the level above community rules. The community running rules can be changed at any time and made more restrictive as long as they do not conflict with the higher documents. Here, they do not.

Good luck.

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