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Subject: % of votes needed to change CC7R's nad By Laws?
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Author Messages
WalterB
(California)

Posts:6


02/03/2006 8:47 PM  
Last month the Board tried to pass a new set of CC&R's and By-Laws my geting a simple majority vote of 51%. It got voted down. Do you H.O.A members feel this is to small of a vote and would it be better to be either 67% or 75%. I would like a lot of input from you out there. To save time and space state your name, H.O.A.Name and your percent of vote you think would be a better choice. Thanking you all:
EdR
(Texas)

Posts:170


02/04/2006 9:07 AM  
Walter:
It depends on what your bylaws or CCRs state as to the percentage required. Ours (we are Texas) state that it takes a vote of 75% of the members to change anything in the documents or to file an amendment, etc. We had 75% of members at the time to vote to have an amendment to not have parking on the street (we have large driveways and there is no reason not to park in them, even with several cars--people don't want to be inconvenienced by moving them around). The amendment was drawn up by the Board, signed by the president and then by the county clerk (verified number of ballots for) and notarized and the ballots which were supposed to be kept have suspiciously disappeared. It is important to keep those ballots in a safe place and apparently with the management company, they were not safe.

The reason I feel 75% is better than 51% or 67% is I believe it is easier to come up with near half from a select interest group like a swim team or other such club who, in our case, have tried to take over the subdivision. They are not an HOA and never will be, but are spending our money and running our board. They have managed to get people onto the board and run things, but if those OTHER 25% were not considered to change laws, we'd be in trouble. You may have other select interest groups and you may be a very large association and getting 75% may be difficult. But it can be done and it is a safety mechanism in my opinion. You would be shocked at how many people have no clue what is happening in their association and with their dues monies, and apparently don't care much either, but once they are near bankruptcy, they'll care.
EdR
RogerB
(Colorado)

Posts:5067


02/04/2006 10:31 AM  
Colorado's new statue requires 67% unless the Declaration requires less to amend the Declaration. It is can be difficult to get written signatures of 67% of all owners with the apathy of owners in most associations. Remember that not voting and abstaning are equvalent to voting to oppose.

I know of associations that wanted to amend but could not get the necessary votes to approve. By the time some were contacted others, who had approved, had sold and so the new owners approval was required. So for Colorado the new statute will be beneficial to many HOAs.

I personally prefer a simple majority of all owners to amend the Declaration; and to amend the Bylaws a simple majority of those members voting at a duly called meeting at which there is a quorum present.

RogerB
RogerB
(Colorado)

Posts:5067


02/04/2006 10:32 AM  
Colorado's new statue requires 67% unless the Declaration requires less to amend the Declaration. It is can be difficult to get written signatures of 67% of all owners with the apathy of owners in most associations. Remember that not voting and abstaning are equvalent to voting to oppose.

I know of associations that wanted to amend but could not get the necessary votes to approve. By the time some were contacted others, who had approved, had sold and so the new owners approval was required. So for Colorado the new statute will be beneficial to many HOAs.

I personally prefer a simple majority of all owners to amend the Declaration; and to amend the Bylaws a simple majority of those members voting at a duly called meeting at which there is a quorum present.

RogerB
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