Get 1 year of free community web site hosting from!
Monday, November 29, 2021

HOATalk is a free service of

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: A sticky mess
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
(North Carolina)


11/07/2005 7:40 PM  

I am the new president of an HOA that has not been in existence for the last 15 or so years. With that much time, few residents are around that were then and those had nothing to do with anything. To avoid complications with the old association, we are simply starting over again and the only encumbrances should be the covenants that transferred with the properties.

I am in the midst of finding out lots of new and exciting stuff like that we have to file a tax return. But my questions go more towards bylaws and covenants.

The proposed bylaws indicate a residence requirement of 67% approval to change the bylaws. However, the one thing that we have going for us now is the fact that these bylaws are not in place, and I think we should be fine with a simple majority. However:

1) Do we need to get a simple majority of ALL homeowners to pass the bylaws, or without any requirement to the contrary, can we make it a simple majority of all those who decide to vote?

2) Most of the new covenants that we want are not even addressed in the old covenants. The old one requires 75% to change. BUT… can we also elect a new set of covenants that don’t change the old set? (There would then be two sets of covenants.) Or must we modify the existing ones because if it wasn’t disallowed, then it is allowed? If we can have two sets that do not conflict with each other, we can pass the second set by a simple majority. However, we barely have 75% resident homeowners as it is. Finding 75% that live there, are home, aren’t jerks, care enough, and agree with the changes would be a nightmare.

Anything you can answer to help is greatly appreciated.


11/08/2005 4:11 PM  
If you currently have covenants that are legally recorded and not expired (some have a governing term stated), then you are required to follow them and get your 75% vote in order to change or replace them. They are a legal document.

You can add bylaws, but they can't contradict or change what is already written (exception is portions that are now illegal that were not when it was written). Perhaps you could work within what you have and simply add on the bylaws? Then, have a meeting of the membership and prior to it send the proposed changes. Even if you can't get 75% of the people at the meeting you could send out proxies or mail in ballots of some sort.


11/21/2005 3:27 AM  
I would think the first thing you need to do is hire a good attorney for your association to help you with the new documents.There are too many pitfalls for the average person to try to interpret laws governing your situation.


11/21/2005 7:19 AM  
If your HOA is a Colorado Common Interest Ownership Community, then after January 1, 2006 when SB-100 goes into effect, you will only need 67% approval of all unit owners rather than the 75% listed in your Declaration to amend your Declaration. To remove an possibility of conflict with the current Declaration, the Declaration can be amended in it's entirety. I have done this.

With regards to amending the Bylaws it depends on what your current Bylaws state. They often require only a simple majority of those members voting at a duly called meeting at which a quorum is present. Amending the Bylaws is usually much easier than amending the Declaration; however, if the Bylaws conflict with the Declaration then the Declaration prevails.

Hope this helps,
Please login to post a reply (click Member Login on the menu).

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  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 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 official sponsor and is identified as such in the posted message or on our sponsor page.)

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