Can the HOA Amend the CC&Rs? By-Laws?

The mechanism is in place, so that the HOA could amend its CC&Rs and the By-Laws.

What is that mechanism?

In the CC&Rs, read Art. XIII, Section 2 Amendment, ¶2  (Page 25). It reads, in part, "...  this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof of Voting Members representing seventy-five (75%) percent of the total Class “A” votes in the Association, including seventy-five (75%) percent of the... Members ..."

There are 2,480 Members. 75% is 1,860.

How many Voting Members are needed to hit that 1,860 mark?

This is why it is critical to know how many homes there are in each Neighborhood. As of June 2024 the office did not know the correct number. The office gave me a list of Neighborhoods, and the number of homes totaled 2,595, which is 115 more homes than are assessed!

How many Voting Members are there? One (1). Barony Place has the only legitimate Voting Member in the entire HOA. By "legitimate", I mean duly-elected in compliance with the By-Laws.

Barony Place has 78 homes. That's 4.2% - a long way from 75%.

To amend the CC&Rs and/or the By-Laws the HOA needs enough legitimate Voting Members to come up with 1,860 Members. The Board wouldn't allow illegitimate Voting Members to vote on such an important Referendum (amending the CC&Rs and/or By-Laws), would it?

Would it?

Homeowners! Do you realize that you are not legitimately represented? Do you care?

The Board should be actively planning how to help 27 Neighborhoods elect a legitimate Voting Member in compliance with the By-Laws. The directors are spending virtually NO time on this critical need.

How much time at last night's BOD was devoted to this issue? 

With absolutely no chance of approving amendments to the CC&Rs and By-Laws, should the HOA spend any money on legal advice?

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