Get 1 year of free community web site hosting from Community123.com!
Monday, December 06, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Previously unknown amendment suddenly appeared
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AdamL1
(Idaho)

Posts:120


08/25/2021 8:10 PM  
Question how this forum handles this situation.

So as my street's HOA (a sub-HOA within the master) is ramping up for its annual meeting, the BoD held a planning meeting to discuss dates and plans. Mostly stuff like "who's bringing the cookies, who's bringing the beer?" and were aiming to hold it in 2 weeks from now. Our Bylaws say notice is 10to30 days...cool.

Well, out of nowhere, the one grumpy BoD member (who also is causing a huge stink in the master HOA), pulls out a previously unknown amendment that was apparently voted, ratified, and signed in 2015. It says that the Secretary must give the members 90 days notice of what board seats are up for election, then collect nominations, and then give the members 30 days notice for the nominees. Because of this sudden document, we are now pushing out our HOA meeting another 90 days. There was also a lot of other convoluted changes dealing with proxies, teenager board members, length of term, and a lot of other odd language.

So, this is an interesting document. It only has 1 signature on it, from the Secretary at the time, and just says that it was voted on by a majority of the members. What's odd is that
1. this is such an odd and complicated Amendment for a street of 20 houses.
2. There is no record of this Amendment in our official documents, minutes, or filed with the county.
3. No one has any recollection of this Amendment from 2015 and the HOA certainly has not been following those new rules at all in the last 6 years.

The whole thing is really suspect...but no one wants to challenge this one member that brought forth this previously unknown amendment. Any advice or thoughts here?
MaxB4
(California)

Posts:1601


08/25/2021 8:38 PM  
Have the Secretary provide proof, such as signed minutes of the meeting in which this was approved.
TimB4
(Tennessee)

Posts:17852


08/26/2021 3:46 AM  
Posted By AdamL1 on 08/25/2021 8:10 PM

The whole thing is really suspect...but no one wants to challenge this one member that brought forth this previously unknown amendment. Any advice or thoughts here?




If you aren't willing to challenge, then you must be willing to accept the document.

The basis for a challenge would be the lack of information about the amendment in any minutes (board meetings to show drafts and discussion along with annual meeting where membership voted (if membership vote is required to amend bylaws).


CathyA3
(Ohio)

Posts:2601


08/26/2021 5:35 AM  
In my state/county, if it isn't recorded, it isn't real. That may be one avenue to pursue.
AdamL1
(Idaho)

Posts:120


08/26/2021 8:33 AM  
well, I called the County Clerk Office and to no surprise, there is no record of this previously unknown Amendment.

As just a regular member, I don't have much 'authority' to challenge the amendment as influence the passive Board to push back against this grump.

uggg.
KerryL1
(California)

Posts:8729


08/26/2021 9:04 AM  
Again, Adam, will please tell us what document you're talking bout. his sounds like an amendment to your Bylaws. As others have said, it must be in meeting minutes. You've said previously, I elsie, that the Board won't give you old records so how do you know it's not in the minutes.


In our state and many others, Bylaws do not have to be recorded.
JohnC46
(South Carolina)

Posts:11665


08/26/2021 12:48 PM  
Same here in SC. Covenants must be recorded with the deed. Bylaws and Rules & Regulations do not need to be recorded, though ours are. We could have the same problem Adam is having meaning a long forgotten Bylaw Amendment.
JanineR
(Tennessee)

Posts:219


08/27/2021 9:14 AM  
Adam, if this is an amendment to the ByLaws then look in the original Bylaws under the "Amendment" section to see how amendments are to be handled.


As an example, the bylaws for our community read

"Amendments
(d) A copy of each amendment shall be certified by the President and Secretary of the Association as having been duly adopted and shall be effective upon its recording in the Register's Office for Davidson County, Tennessee"


Also, if you are in Adaho, look at this link:
https://legislature.idaho.gov/statutesrules/idstat/title30/t30ch30/

to see a) how amendments of Bylaws are handled in Idaho (Part 7)
and b) how notice for meetings are handled (Part 5)
JanineR
(Tennessee)

Posts:219


08/27/2021 9:14 AM  
~Idaho
JohnC46
(South Carolina)

Posts:11665


08/27/2021 2:56 PM  
Adam

After thinking about your question I suggest two things be done:

1. Have the attorney read the amendment and decide if it is legal. If not legal, it can be ignored.

2. Ask the attorney if the Secretary signed copy is sufficient to make the Amendment valid. It could simply be the Secretary signed it as accepting it for the BOD to discuss and but it went no further.

Personally, I would say the old document means nothing without additional proof it was a valid amendment.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Previously unknown amendment suddenly appeared



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement