Bylaws Amendment Questionnaire
The Board would like your assistance with amending our Bylaws. Article VIII, Section 7.01 of the Bylaws states, "The Board of Directors shall have the power to alter, amend, or repeal any of the Bylaws or to adopt new Bylaws by the affirmative vote of the majority of all of the Directors." After a consultation with a HOA attorney, the Board voted unanimously on 8/11/21 to amend the Bylaws. While it is within the Board's authority to amend the Bylaws without a vote of the community, we wanted to give every member the opportunity to voice his/her opinion.
Why are we amending our Bylaws and Covenants? Our objective is to have more clarity and direction with regards to how the governing documents dictate the HOA operations and address common issues. Our current Bylaws and Covenants are vague and do not address many common issues related to Board operations, member responsibilities, meetings, etc. Additionally, the Board learned that when the Developer drafted the original Bylaws and Covenants many years ago, it was meant to be temporary, with the expectation that once it was turned over to the members, the Board would revise the documents and adopt new policies and procedures to operate the HOA. Unfortunately, that likely wasn't clearly communicated to the members by the Developer. Moreover, had the Developer provided a complete set of comprehensive Bylaws and Covenants, the members would not be left with the daunting task and expense of amending and restating the HOA's documents.
We appreciate you taking the time to review the recommended amendments to the Bylaws and for sharing your recommendations. All recommendations will be taken into consideration. Please complete this questionnaire and submit to the Board by Friday, 10/1/21.
Why are we amending our Bylaws and Covenants? Our objective is to have more clarity and direction with regards to how the governing documents dictate the HOA operations and address common issues. Our current Bylaws and Covenants are vague and do not address many common issues related to Board operations, member responsibilities, meetings, etc. Additionally, the Board learned that when the Developer drafted the original Bylaws and Covenants many years ago, it was meant to be temporary, with the expectation that once it was turned over to the members, the Board would revise the documents and adopt new policies and procedures to operate the HOA. Unfortunately, that likely wasn't clearly communicated to the members by the Developer. Moreover, had the Developer provided a complete set of comprehensive Bylaws and Covenants, the members would not be left with the daunting task and expense of amending and restating the HOA's documents.
We appreciate you taking the time to review the recommended amendments to the Bylaws and for sharing your recommendations. All recommendations will be taken into consideration. Please complete this questionnaire and submit to the Board by Friday, 10/1/21.