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Subject: Master deed question
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(South Carolina)


09/13/2021 9:35 PM  
I am looking into trying to get a parking rule changed. This is my first go round as an HOA member. I was told that what I was trying to change was in the master deed and the only way to change it is to get 67% of the owners vote. Does anyone have any ideas besides trying to get 67%? We are lucky if we get two or three people to vote on anything let alone 2/3 the complex. Thanking in advance.


09/14/2021 2:09 AM  
The only way to amend the covenants (aka the master deed) is to gather support.

This can be done by newsletters, holding meetings, holding socials where the issue is discussed, door to door campaigning, etc.

Remember, you need to have 67% of the units owners, not residents (as I suspect some units may be rented).

(South Carolina)


09/14/2021 10:43 AM  

Gather Proxies supporting the change. Without Proxies we would never even have enough people (20%) for an Annual Meeting, never mind a bylaw Changer (51% saying Yes) nor a Covenant Changer (67% saying Yes).

It can be done by a Petitions and over a period of time but have an attorney draw up the Petitions as it can be tricky.


09/16/2021 8:23 AM  
Google "hybrid voting hoa"
There are independent companies that will facilitate hoa/coa voting by paper or online, if your governing documents and you state laws allow it. People being able to click a vote helps to increase the turnout.


09/16/2021 9:12 AM  
The master deed forms part of the contract on people's homes, which is why it requires the agreement of a large majority of homeowners to change things. Count your blessings, it's 75% in my community.

You need to persuade people to see things your way. If they don't, then there is no short cut around this - and if a community does try to cut corners, they're setting themselves up for legal challenges which they will lose. Amending governing docs costs money - around $1000 for the legal work in my part of the world - and the money will be spent whether the amendment passes or fails. So responsible boards won't even attempt it unless they believe there is broad community support for the change.

Parking always seems to be an issue in HOAs and especially in condo communities. You'll never keep everyone happy, and there are probably good reasons that things are done the way they are currently (unless you have a poorly written or very old parking restriction, which does happen).

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