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Can the association board change rules in CCRs without vote or notification?
Pwac13
Your governing documents are specific about notice required and the percentage of the membership's votes necessary to amend the CC&Rs, your governing documents. Usually it's an uber-majority, such as 67%.
These basics about amending governing documents are probably based in state condominium law, and should not be violated by a board that wants to change them independent of the membership.
If your board has amended the CC&Rs without membership vote or notification, you can send the board a letter with back-up reference to state law and to the requirements listed in your governing documents, and request that your letter be read at a board meeting. Then request a discussion period and require that the board vote on either following the voting rules for amending or vote in favor of violating the state law.
Then, their action is recorded in the minutes and published to the membership. Worst case, you can hire an association-savvy attorney to deal with what sounds like a rogue board.
(Their violation probably makes their amendment or alteration mute and unenforceable, based on their basic error in procedure.)
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∙ 13y ago
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