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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36195
Experience:  16 years real estate, Realtor. Landlord 26 years
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My condo HOA is trying to change the availability times to

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My condo HOA is trying to change the availability times to use all of our ammenties. What rights do the homeowners have and what action should be taken to stop these and other changes. All amenity hours are currently until 10PM. They want to shut them down at dusk, which could be 6PM in the winter.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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How were the original hours set for the amenities?
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Were they set in your Bylaws or your Covenants, Conditions and Restrictions?
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Or were they just a rule passed by the Board fixing the hours?
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Thanks
Barrister
Customer: replied 3 years ago.


Rules passed by the board

Ok, I hate to say it, but the Board normally has authority to pass rules if the Bylaws grant them that authority. They only have to bring things to the membership that require a formal vote like changing the Bylaws or CCRs.
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With that said, if you wanted to prevent this, you could contact other owners and have them sign a petition to present to the Board asking for a formal vote on the matter of whether the hours should be changed. Once presented to the Board, they could then have a vote of the members to see if the measure should be approved by whatever percentage your Bylaws state (typically 67% or 75%)
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So the way to stop or change the authority of the Board to modify the rules would be to file a formal petition asking for a vote of the membership on the matter.
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Thanks
Barrister
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