Question: Can we require a 100% member vote to amend or repeal a covenant? Answer: Yes, you can require 100% member vote to amend or repeal a covenant. While some statutes require a minimum number of membership votes to amend or repeal a covenant or by-law provision...
Month: January 2016
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We are not a homeowners association - we are a property owners Association (private - nonprofit). We collect a small fee to maintain gravel roads only. Our bylaws do not address voting for BOD by proxy or absentee vote. Can we incorporate one? Answer: Yes,...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our by-laws state that fines can be levied when residents violate certain covenants, by-laws or rules and regulations. Now I've been told that these fines aren't sanctioned or collectible. Is that true? Answer: Since your covenants provide the board with the...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We purchased units in a HOA many years ago for rental purposes and potential future personal use. At that time the only rental limitation in the Master Deed was that rentals must exceed 90 days. Recently of the HOA voted to amend the Master Deed to...