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EricB (Florida)
Posts: 19
Posted:
Our CC&R needs updating and I want to make sure I'm clear on how many votes it takes to have this done. Here is what my CC&R says about majority voting and a quorum.

1. The presence of members or of proxy entitled to cast a morjority of the votes of each class os membership shall constitute a quorum.(this is for voting to increase the annual dues above 5%)

2. Amendments of these articles or the declaration shall require the assent of a majority of each class of members.(this is from the articles of incorporation)

3. The presence of members or of proxy entitled to cast a morjority of the votes of each class os membership shall constitute a quorum for any action except as otherwise provided by the articles, the declaration or theses Bylaws. If, however such quorum shall not be present or represented at any meeting, the members entitled to vote at such meeting sall have the power to adjourn the meeting, without notice other than announcement at the meeting, until a quorum is present or represented.(this is from the bylaws)

My question is which one of these do i need to go by to have the CC&R amend? Number (2) is what sounds correct but it doesn't say (majority members present at meeting or 2/3 of class of members.

Could someone clearify this for me?

Thanks
Eric
(florida)

RogerB (Colorado)
Posts: 5,067
Posted:
Eric, your Declaration should be the reference for the requirements to amend the Declaration. Your option 2 from the Articles can be used if the Declaration is silent on how to amend AND there is no state law which over rules it. It says you need over 50% approval of all owners. This may include the Declarant (if still developing), the homeowners, and possibly the mortgagees depending on how they are referenced in the Declaration. Ballot approval in writting, signed and dated, is recommended if your Declaration does not require it.
EricB (Florida)
Posts: 19
Posted:
Thanks Roger,

Do you recommend having a meeting or send out what the changes are/reads with a ballot, and have them returned. If the reqiured amount is reached then we'll have approval to change.

The problem is getting 29 owners to show up.

Eric
RogerB (Colorado)
Posts: 5,067
Posted:
I suggest sending out a ballot form with the wording of the amendment(s) approve and disapprove choice, plus address, signature, and date. I would include a letter with the pros and cons (if any) of the amendment. Expect to go door to door for the last few signatures since no response is equivalent to a NO vote.
EricB (Florida)
Posts: 19
Posted:
Thanks again, this gives me confidence to move foward with the changes.

Eric

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