Sunday, August 7, 2011

Why Our By-Laws Are Illegal

I do believe that the current By-laws are invalid because they were not put to a vote of the members. It clearly states in the restrictions that there must be a 90% vote to amend the restrictions. I also have a problem with policy/procedures being implemented without input from the members.

The restrictions do not state that we must get comments from our neighbors to put up a swing set. They do not state that we must notify our neighbors about any improvements that we are doing.

In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with sections 448.1-101 to 448.4-120

There was no vote on the By-Laws. Homeowners were not even notified that our money was being used to hire an attorney to draw up the By-Laws. It would only seem to be logical that the By-Laws are not enforceable and were drawn up without the provisions needed to do so.

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