My homeowners association is changuing the by-laws beyond what the covenant allows. How do I fight this?

The covenant allows for DROPPING provisions, It does not allow aADDing provisions.They are attempting to add additional rules that will allow them to vote in any provision they wish.

Asked on June 11, 2009 under Real Estate Law, Missouri

Answers:

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Answered 11 years ago | Contributor

Do you have a copy of your homeowner's association rules? Are you located in Kansas or Missouri? You may be able to challenge this, but I'd like to see a copy of your paperwork. I would attempt to resolve this situation out of court if possible, as costs go up once litigation starts. Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025 to discuss this further.

Sean Santoro

Attorney at Law

Licensed in Missouri and Kansas

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may well have to take them to court.  I think you need to have a real estate lawyer in your area review the documents for the property, and look at what the association is trying to do, for reliable advice on what to do next.  One place to find a qualified attorney is our website, http://attorneypages.com

There are a number of things that may work into this problem.  One is your state's law, and this is an area where some states are different.  It may also matter what the provisions are about, and what the reasons are for the changes they want to make.


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