Can a homeowner’s association change and reduce the majority/super majority by-law voting procedures?

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Can a homeowner’s association change and reduce the majority/super majority by-law voting procedures?

My HOA is trying to pass a measure to ban rental properties. They did not receive a 75% super majority vote, and are now looking to circumvent the vote by asking neighbors to abolish the 75% requirement and simply allow a majority vote (ie majority of attendance at a meeting). Can they do this?

Asked on February 12, 2011 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no general answer; this is governed by the agreements and documents which create and govern the HOA, it's voting procedures, etc. So if the rules allow, for example, in essence, a vote to change the voting provisions or requirements in a way that will allow them to do this, that is legal or permissible. For a definitive opinion, you need to consult with a lawyer with experience with home owner associations; bring with you all the documentation, agreements, etc. by which the association is governed and runs. The lawyer can review these with/for you, and advise you as to whether this is something persmisslbe. At the end of the day, the HOA can do what its governing rules allow--and may not do other things.


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