Question:
Currently our HOA President and lead Board member feel they can alter the declaration of the Eagles Landing HOA to remove both section 7 and 8 of the declaration. Currently Section 7 addresses restrictions of uses of property. Currently is states that each lot is to be used as a “single dwelling” lot not used for “transient/non-residential use”. There is discuss by some of us HOA members that would like to see campers that are permentately placed on a lot removed. Our Board President has been told by a local attorney that section 7 of the declaration can be removed. Does this section not tie us as an HOA (HOME owner assocation). Section 8 addresses architectural control where the Board can approve the building design of single dwelling units prior to construction.
We are very concerned about our HOA thinking they can alter these doucments. Many of us have made large financial investements in this property and would be very disappointed see any of this altered.
– Kimberly
Answer:
In Minnesota, amending the declaration requires a vote of approval from the membership. Section 515A.2-119 of the Minnesota Uniform Condominium Act, which applies to condos formed after August 1, 1980, states that “the declaration may be amended by the association only by a vote or written agreement of unit owners to which at least 67 percent of the votes in the association are allocated, and 67 percent of the first mortgagees of the units (each mortgagee having one vote per unit financed) or any larger or smaller majority the declaration specifies. The declaration may specify any percentage if all of the units are restricted exclusively to nonresidential use.”
Additionally, you should check your governing documents for exact requirements when amending the declaration.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
