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.
So how do we work as a community to get an HOA in a place that is good for as many people in our community as possible, has appropriate covenants so that our neighborhood keeps a level of cleanliness and appeal that people want to live here? There is a good saying that I think applies here - if you oppose then propose. I am all for changing things for the better!
ReplyDeleteWe have restrictions. They have always been there. One of our HOA presidents illegally took our HOA funds to an attorney and had by laws written that she wanted. There was no vote on whether to write by laws or to accept hers. The Restrictions were all that we needed. They covered all that we needed to make sure our neighborhood was kept clean and our home values were maintained. The new bylaws had rules such as an HOA board member could walk into your backyard and inspect your landscaping. If they didn't like it you would have to change it. You would not be allowed to have them arrested for trespassing. I don't want that kind of HOA. Taste is subjective.
Deletehttps://sites.google.com/site/hawksridgehomesls/resource-center
ReplyDeleteCheck out the Bylaws and restrictions.