In reviewing last years BOD minutes, I noticed We as a Board voted on a motion that was out of order IMHO. We as an HOA live by ByLaws and Covenants. In this case it deals with an item in our covenants.
The motion made: President ABC also asked clarification from board regarding collection of dues once construction of a home has begun. With the objective that future boards would follow the same collection method, a motion by ABC, and a second from XYZ, was made to assess an additional $480 from a homeowner once construction of a home has begun in addition to the $240 the homeowner has already paid as a lot owner; motion passed.
The Covenant already present: 7.4.1.3 Property Owner agrees to pay Homeowners Association dues and assessments for a home plus a vacant lot. However, if the owner wants to combine two lots and not pay SFHA dues or both, the following apply: no more than two lots may be combined for the purpose of reducing fees; some house and/or garage foundation and structure must be situated on each lot; combining approval will not occur until after all construction is complete; lot dues will convert to the single home dues once the lots are combined and recorded as such.
Lot dues are $240 and Home dues are $720....Homeowner pays the $480 as noted in Covenant once lots are combined at end of project not beginning !
The Board can not amend Covenants, only the association.
All of that to ask....Does this not require amending previous minutes and recinding a motion. If so and after discussion at next Board Meeting, how do We proceed.......Motion out of order, Rescind Motion, Ammend previous minutes....I get lost in all the articles out there available to read and proper steps to take ?