Question:
Our HOA was established by the developer in 2007. He is no longer associated with the community. Since then several amendments have been added to the covenant to reverse some of the developers additions which has created a very cumbersome document to follow. As such there have been several instances of violations which have now past the time for enforcing, which lead to several disputes.
As a new board member I am interested in rewriting the bylaws and covenants, and idea which is supported by several members. We are a small community, less than 30 lots, with 2.5 acre lots outside of any metro area. My idea is to simplify the covenants with only basic restrictions, limit the power of board members to management duties of the commons area and monitor the community for compliance. New construction designs would be submitted to the board and sent to the community as a whole to vote on approval with a 2/3 requirement of received ballots needed for approval. There are others conditions but that is the main objective…simplify and have the entire community engaged. Please advise. Thank you
– Terry
Answer:
Hi Terry,
You may discuss this with your fellow board members and amend the governing documents according to the provisions outlined in the Georgia Property Owners Association Act Section 44-3-226. It states that amendments require a vote of owners of lots to which two-thirds of the votes in the association pertain or a larger majority as specified in the governing documents. Amendments take effect only when recorded or at such a later date specified in the amendment itself.
To proceed with the amendment, you may draft a proposal, discuss it at a board meeting, conduct a vote, approve the amendment, and record it with the county recorder’s office.
Here is a resource you may find helpful: https://www.hoamanagement.com/
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
