ammendments

[Guest Larry Cisar]

The board only has the authority specifically given to it by the bylaws (covenants or whatever you call them). The general membership meeting is the final interpreter of what the bylaws mean unless the bylaws give that power to somebody else."

[Guest H.Wm.Mountcastle]

And see Official Interpretations 2006-12 and 2006-13, elsewhere on this site."

[Guest Trina]

> are declaration states "executed on behalf of 66% of the owners". <

Are you saying that the board hands down decisions, with those words appended, when the owners (membership) had nothing to do with the vote??"

[Guest Craig]

No our board has made changes to other ammendements with out taking a vove of the membership"

[Guest JDStackpole]

Do the bylaws authorize the board to do that?"

[Guest Craig]

No I dont beleive they do but they have.

"

[Guest Rob Elsman]

May I ask what, specifically, it is proposed to amend? The rules for using the pool? The association's bylaws? "

[Guest Craig]

fence colors and materials and type of mialbox "

[Guest Gary c Tesser]

Craig, what I think Mr Elsman was asking about is, what document are these rules written in? What level of rule are they on? (Are the rles for the fence colors, materials, and type of mailbox in your bylaws, "CC&R", standing rules, policies"

[Guest Craig]

our "CC&Rs" "If an amendment is to be effective after Developer has voluntarily turned over to the members of the assoiation the authority to the Board' and after the rights and powers of the Developer have been trasferred to the assoca"

[Guest Rob Elsman]

Well, I suggest you contact an attorney to help you understand what all this means and what powers the board has in the amendment procedure. I think it's going to turn out that much of your question falls outside the scope of this forum. Sorry."

[Guest Nancy N.]

I agree with Rob Elsman. It looks to me as if, after all those prefatory clauses get done, the amendments are made by executing the written instrument and where the 66% comes in.

Who executes the instrument? The board? The membership? Whoever"

[Guest Nancy N.]

... though that usually makes me feel good."

[Guest John M.]

>>our "CC&Rs" "If an amendment is to be effective..."<<

But Craig are the rules about fence colors and mailboxes in the CC&R's or a lower-level rule?"