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Actually they can. They can make an amendment or an addendum to the Declaration of Covenants and Restrictions and they do not have to grandfather existing conditions or circumstances. In most cases, a single written complaint is enough for a vote to be called to amend the covenants.
Also, while the voting will require 2/3 of the homeowners PRESENT or those voting by proxy...the officers and board of directors can have as much as 1/3 voting rights themselves.....They can get er' done alone if they want to.
Well, that would depend on the requirements set forth in the documents (as well as what your state law allows). For my HOA, it requires approval by two thirds of all lot owners, not just those that vote to change the CC&Rs. Board members do not have any special voting powers, although in most cases the board (me for the last four years) writes the ballot, and determines what will and will not be voted upon. However, there is a provision in state law as well as our documents that allows members to force a vote if the board will not put an issue on the ballot themselves. Proxy voting for HOAs and Condominium elections is forbidden by state law. Timeshare communities can still have proxy voting, but I believe they are the only type of community where it is still allowed in Arizona.
Anyways, the number of people on our board can vary between 6 and 9 members. That is at most .05% of our community, and we are a small community.
Actually they can. They can make an amendment or an addendum to the Declaration of Covenants and Restrictions and they do not have to grandfather existing conditions or circumstances. In most cases, a single written complaint is enough for a vote to be called to amend the covenants.
Also, while the voting will require 2/3 of the homeowners PRESENT or those voting by proxy...the officers and board of directors can have as much as 1/3 voting rights themselves.....They can get er' done alone if they want to.
Well, that would depend on the requirements set forth in the documents (as well as what your state law allows). For my HOA, it requires approval by two thirds of all lot owners, not just those that vote to change the CC&Rs. Board members do not have any special voting powers, although in most cases the board (me for the last four years) writes the ballot, and determines what will and will not be voted upon. However, there is a provision in state law as well as our documents that allows members to force a vote if the board will not put an issue on the ballot themselves. Proxy voting for HOAs and Condominium elections is forbidden by state law. Timeshare communities can still have proxy voting, but I believe they are the only type of community where it is still allowed in Arizona.
Anyways, the number of people on our board can vary between 6 and 9 members. That is at most .05% of our community, and we are a small community.
