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Wednesday, October 20, 2021











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Subject: can sub-HOA make amendments to CCR's that conflict with Master HOA?
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AdamL1
(Idaho)

Posts:117


09/22/2021 10:45 AM  
General question here.

Our Master HOA says that Annual Meeting must be in April or May.
Our Master HOA says that the "Local Associations" "should" be held 10 to 60 days before the Master HOA's annual meeting.

It seems our local Association has amended their CCR's to change their annual meeting to August.

Any thoughts on this?
MaxB4


Posts:1351


09/22/2021 11:06 AM  
No problem, should is not shall.
AdamL1
(Idaho)

Posts:117


09/22/2021 12:33 PM  
I'm sorry, I got my notes mixed up. I *should* have copy/pasted directly.

so the Master CCR's say "SHALL", not should.
So, can the Local Association change their own CCR's to move the meeting to the Fall, well after the Master Association?



Annual Meetings of Local Association.
There shall be an annual
meeting of the Members of each Local Association at least ten (10) days but no more
than sixty (60) days before every annual meeting of the Master Association. ...
Written notice of the time, place
and purpose of each annual meeting shall be sent to each Member of the Local
Association, and any person in possession of a Building Lot in the appropriate Tract,
no fewer than ten (10) days and no more than thirty (30) days before the meeting as
provided in the Local Association’s Bylaws or Articles.
MaxB4


Posts:1351


09/22/2021 12:45 PM  
Posted By AdamL1 on 09/22/2021 12:33 PM
So, can the Local Association change their own CCR's to move the meeting to the Fall, well after the Master Association?



What do you think?
AdamL1
(Idaho)

Posts:117


09/22/2021 12:47 PM  
i think the answer is obvious, but it seems theirs no shortage of incompetency and incorrect behavior around these parts.
AdamL1
(Idaho)

Posts:117


09/22/2021 12:47 PM  
*there's
MaxB4


Posts:1351


09/22/2021 12:49 PM  
You're right about the incompetency. Think of the master association as "Big Brother", and you must follow what he does.
MichaelH34
(North Carolina)

Posts:36


09/23/2021 8:26 AM  
You may want to check with a lawyer but normal use is "shall" is not discretionary and "should" is.

Your sub-HOA isn't following the HOA rules and the longer the rule breaking is allowed, the harder it will be to change.
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Forums > Homeowner Association > HOA Discussions > can sub-HOA make amendments to CCR's that conflict with Master HOA?



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