Friday, November 11, 2005
Return of the Jenn-i
Here is a passage from the RESPONSE TO DEFENDANT'S MOTION TO DISMISS
by Jennifer A. Wintrode, Attorney for the Plaintiff(s)
If the ASSOCIATION’s interpretation of the language for amending the Declaration is accepted, theoretically it could take more votes to amend the Bylaws than the Declaration. For example, according to the ASSOCIATION, it would take 31 votes at a meeting of two-thirds of the Members (i.e. 60) to amend the Declaration and 46 votes at the same meeting (a majority of all Members) to amend the Bylaws. This makes no sense because the Declaration is controlling over the Bylaws as a governing document. This is stated in Article XIII, Section 7 of the Declaration, which says, “This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws…”
It is illogical to require a lesser vote requirement to amend the Declaration than to amend the Bylaws. However, if the HOMEOWNERS are correct in their interpretation, there is no conflict because the vote requirements are in keeping with the relative importance of each governing document.
Not only does an examination of the governing documents support the HOMEOWNERS’ interpretation, it is common for homeowners associations, in general, to require a two-thirds vote of all membership interests in order to amend the Declaration.
And a reminder:
New people running for the Board.
Dorothy (Dot) Grigsby
Shawn O'Neal ( full time resident and retreat blog creator)
Jeff Hughes
Bill Foss
Bill LaCorte
Current people running again
Bill Potter
James (Jim) Restor
Adrian Dave) Lovell
Dennis Estis
Clyde Patton Jr.
Current people not running:
Donny Bohn
Scott Justis
by Jennifer A. Wintrode, Attorney for the Plaintiff(s)
If the ASSOCIATION’s interpretation of the language for amending the Declaration is accepted, theoretically it could take more votes to amend the Bylaws than the Declaration. For example, according to the ASSOCIATION, it would take 31 votes at a meeting of two-thirds of the Members (i.e. 60) to amend the Declaration and 46 votes at the same meeting (a majority of all Members) to amend the Bylaws. This makes no sense because the Declaration is controlling over the Bylaws as a governing document. This is stated in Article XIII, Section 7 of the Declaration, which says, “This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws…”
It is illogical to require a lesser vote requirement to amend the Declaration than to amend the Bylaws. However, if the HOMEOWNERS are correct in their interpretation, there is no conflict because the vote requirements are in keeping with the relative importance of each governing document.
Not only does an examination of the governing documents support the HOMEOWNERS’ interpretation, it is common for homeowners associations, in general, to require a two-thirds vote of all membership interests in order to amend the Declaration.
And a reminder:
New people running for the Board.
Dorothy (Dot) Grigsby
Shawn O'Neal ( full time resident and retreat blog creator)
Jeff Hughes
Bill Foss
Bill LaCorte
Current people running again
Bill Potter
James (Jim) Restor
Adrian Dave) Lovell
Dennis Estis
Clyde Patton Jr.
Current people not running:
Donny Bohn
Scott Justis
