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A Vote to Amend the HOA's CCRs / Bylaws is underway, after failing at the 2024 Annual Meeting.
A Package is being mailed to every Owner to review the Proposed Amendment and to return a signed Ballot. If passed by 67% of Owners (ie who Vote "Yes" - an unreturned Ballot is essentially a "No" Vote) it would would create an Assessment, (as it is understood now) equal to the Annual Assessment of a Lot upon Sale of the Lot / House ... to be paid at Closing or (some other time?).
See the Package being sent to you for all the details. (This posting will be updated once the Package is received, if additions or corrections are needed). Read the Package CAREFULLY !
After the Annual Meeting Vote failed a Question was asked of the Board of Directors and the HOA Attorney if the CCRs / Bylaws, as currently written and adopted, would permit a "Special Assessment" without Amending the CCRs / Bylaws. In other words, could the Board of Directors pass what is being proposed as a "Capital Assessment" - upon the Sale of a Lot / House - under the provisions of the current CCRs / Bylaws --- and avoid permanently amending the CCRs / Bylaws ... such that if a change was desired in the future another 67%-Approval Vote would be required, at cost to the HOA / Owners, with no assurance it would "Pass".
***Note: Special Assessments are spelled out in "Section 4. Special Assessments..."
on Page 17 of the CCRs / Bylaws signed and dated 1-8-2021.
Neither the Board nor the HOA Attorney replied, except to say that was the way the Board wanted it.
Question - What is the LEGAL answer to the Question being posed? Is a CCRs / Bylaws Amendment REQUIRED ... or is it a nicety that is costing the HOA in Legal and Admin Costs that we hear are high ... as was mentioned at the Annual Meeting? Is it really necessary ?
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