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Forums > Homeowner Association > HOA Discussions
Subject: Declaration expring next year?
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Author Messages
SteveC4
(Florida)

Posts:133
07/23/2010 6:34 AM  


Hello:

Our homeowners Declaration will be expring next year.....to make any changes in the declaration , does just the board members decide what to change or add or does it all go to the homeowners to vote.

Thanks
GlenL
(Ohio)

Posts:3526
07/23/2010 8:38 AM  
Homeowners. The exact method to amend should be in the Declarations somewhere; if not you should check FL 720 for stand alone homes or 718 for condos.
Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns
GlenL
(Ohio)

Posts:3526
07/23/2010 8:38 AM  
Homeowners. The exact method to amend should be in the Declarations somewhere; if not you should check FL 720 for stand alone homes or 718 for condos.
Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns
DonnaS
(Tennessee)

Posts:5671
07/23/2010 8:46 AM  

Steven,

Your CC&Rs should be automatically renewed. Check the wording carefully because it usually says so in the wording of expiration date. And YES!!, any change to them must go to a vote by the membership
SteveC4
(Florida)

Posts:133
07/23/2010 8:53 AM  
Thanks DonnaS : Our declaration states shall run for the term of (20) years from the date this declaration is recored. after which time they shall be automatically extened for sucessive periods of (10) years. Declaration maybe amended during the first (20) years period by instrument signed by not less then (90 per cent of the lot owners, therafter by an instrument signed by not less the 75 per cent of the lot owners.
DonnaS
(Tennessee)

Posts:5671
07/23/2010 9:45 AM  

Steve,

WOW!!! 75 % is really high. You may want to try and reduce that but it will need to pass with the 75% Most HOAs find a more workable number in 2/3rds or 67%.
MaryA1


Posts:0
07/23/2010 10:20 AM  
Steve,

What this means is that nothing has to be done. But in the future if the declaration is to be amended a vote of 75% of the lot owners will be required. The vote % to amend the declaration is always high. I believe it's because the declaration runs with the land, meaning it's in place forever, and when the property is purchased the buyer agrees to everything that is contained therein. It's a very important document and as many property owners as possible should agree to any amendments. I've heard of some declarations that require a 100% vote, but as Donna has said, 67% seems to be the norm.
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Forums > Homeowner Association > HOA Discussions > Declaration expring next year?


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