Home owners covenants

[Guest Kris Reddy]

HOA has bylwas and covenants. The amendments to the covenants can be done by the written consent of two-thirds of the members. The amendments were done in 2010 and 2011 at a regular annual meeting where the attendece is around one-third. The amendments were filed with the county in 2010 and 2011 respectively.However, the chnages were not sent to the homwowners for getting their approvals for a two-thirds vote.

I became aboard member and president in 2012. We did not review the changes in the covenants till this year. Some of the home owners have problem with the increased size of the sq.ft But those who have home prior to the 2008 do not like to bring it back to the original size requirements.

I noticed the changes in this year.The chnages are with the size of the houses to be built. The size was increased from 2400 sq.ft to 3600 sq.ft.

The members are only 54. To reverse, two-thirds majority is neededIt is difficult to get through.

Since the chnages were incorporated into the covenants without seeking approvals from two-thirds of the homeowners.

So, the origianl chnages were not sent to all the owners of record to get two-thirs majority. Howver, the document is filed in the county. Do we have a recourse asking for the board to send the resolutions to the owners for two-thirds vote as it was not done in 2010 chnages and 2011 chnages?.

YOur opinion, please!

[Curiosulus]

The 2010 and 2011 amendments are in conflict with your covenants because the required consent was not obtained. A point of order may be raised, at a meeting of the homeowners, that the amendments are null and void. However, as a HOA, you are likely regulated by state law. You are well advised to consult a lawyer.

[Transpower]

This is a continuing breach of the bylaws.  The members of the HOA should receive copies of the amendments and vote.  If fewer than 2/3 accept them, then the county must be so informed.