Changing Governing Documents

Do you know how Governing Documents get changed?

First, what are the Governing Documents of the HOA? Examples are

  • the CC&Rs;
  • the By-Laws;
  • the Procedures Reference Manual (PRM);
  • the Modifications Committee Guidelines
  • the other online guidelines of the HOA

How do these documents get changed?

CC&Rs. See Art. XIII, §2. The affirmative vote or written consent, or any combination thereof of Voting Members representing seventy-five (75%) percent of the (Members) is required.

By-Laws. See Art. VI, §6. The affirmative vote or written consent, or any combination thereof of Voting Members representing seventy-five (75%) percent of the (Members) is required.

Seventy-five percent (75%) of the Members is 1,860.  How many Voting Members are required? 

1. The HOA must know the accurate number of homes in each Neighborhood. As of June 2024, it didn't. A list furnished to me totaled 2,595 homes, not 2,480.

2. There must be enough legitimate Voting Members to reach the 1,860 requirement. That cannot be done with the one legitimate, duly-elected Voting Member, who represents Barony Place (78 homes, or 3.1% of the HOA).

PRM and Other Guidelines. The Board of Directors  can amend these documents.

Remember the uproar caused by the announcement about trampolines? And how no one in a position of authority stepped up with an explanation?

The April 1st board meeting blew up with a record attendance at the meeting. And trampolines were never discussed. The meeting was abruptly adjourned by the President after committee reports, without any Motion or vote of  the Board.

I was told that Danny just announced "Meeting adjourned" and walked out. 

Why didn't anyone on the Board say, "Whoa! Wait just a minute. That isn't how meetings are ended!"?

Here is a Section in the Summit Modifications Committee Guidelines, as posted on the HOA's website.

13. YARD   ORNAMENTS/ACCESSORIES  

1. Clotheslines ...  portable basketball goals ... garbage cans, mechanical equipment, and other similar items ...

2. Swing sets, playhouses, sand boxes and other such play equipment are prohibited without the approval of the MC. Temporary play equipment is allowed if it is put away at night. Metal swing sets are not allowed. 

What makes a trampoline "temporary play equipment"? It isn't easily disassembled and put away at night.

Why shouldn't a homeowner be able to put a swing set or sandbox in his backyard without begging the Modifications Committee for permission? The Board could remove that requirement.

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