Question:
Our HOA covers 250 Condos & 40 single family/ Villa homes.
All residents use both Villa & Condo roads
Currently there are rules stating that maintenance of., the roads in the Villa area must be maintained(via a special Fee) by Villa homes even though everyone uses them.
How can a small group (40) get a vote to change this rule? (ie 40 vs 250)
– Michael
Answer:
Hi Michael,
To begin, it’s important to carefully review the HOA’s governing documents, including the CC&Rs (Covenants, Conditions, and Restrictions) and bylaws, which will outline the procedures for amending rules or regulations. Typically, changes to rules may require approval from a certain percentage of homeowners, often a majority or a specified quorum, which may be challenging in a community with 290 total units.
The Villa homeowners should first organize a meeting or a series of meetings to discuss the issue, ensuring that they gather support from other Villa homeowners and potentially from condo residents who also use the roads. They will need to present a compelling case to demonstrate why the current fee structure is unfair, particularly if it disproportionately burdens a small group of homeowners. Once they have garnered sufficient support, the next step is to present the proposal for rule changes to the HOA board. If the board is unwilling to make the change, the group may need to push for a vote of the entire association. Depending on the governing documents, this may involve collecting signatures from a required percentage of residents to force the issue to a community-wide vote.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
