Question:
We had Covenants expire Dec of 2021. The bylaws contained no rules on what majority was needed to pass updated covenants. It only specified that Bylaw amendments required simple majority. We are under the impression that our simple majority vote was sufficient to pass the updated covenants and reinstate them. Is that correct?
– Kyle
Answer:
Hi Kyle,
If you live in a condominium created after January 1, 1984, the Nebraska Condominium Act Section 76-854(a) may apply, which states that amendments to the declaration may be made only by a 67% vote (or a larger majority up to 80% of the votes if the declaration so specifies, excluding the developer).
If you do not live in a condominium, then the CC&Rs themselves may contain provisions as to how many votes are needed for amendments and reinstatement. Kindly review the CC&Rs to verify whether updating them requires only a simple majority vote.
The Nebraska Municipal Custodianship for Dissolved Homeowners Associations Act Section 18-3105(1)(b) may also apply, which states that 3 or more members may call a special meeting to remove/elect new directors and approve the submission of a reinstatement application to the Secretary of State. The actions shall be approved by the affirmative vote of the voters present and voting on the matter. Three members eligible to vote on the matter shall constitute a quorum.
However, it may be best to consult a lawyer for further guidance as you reinstate the HOA.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
