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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102496
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I'm on the HOA board in Texas. We want to amend a 2003

Customer Question

I'm on the HOA board in Texas. We want to amend a 2003 Amendment to our CCRs. The 2003 amendment allowed basketball goals. The Declarant in charge of our division did this. It wasn't voted on by homeowners. It is a neighborhood safety, space, and violation issue with storage. We want amend to no basketball goals. Our CCRs clearly state in 2 locations that the board may from time to time, without the consent of the homeowners, promulgate rules, modify and delete rules. Homeowners may amend with a 67% vote of members. Can the board make the amendment.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Traditionally, CC&Rs are changed only with permission of the Court, which has to agree that the relevant covenant no longer applies and is outdated for the neighborhood.

However, more and more CC&Rs verbiage includes that CC&Rs may be changed by the HOA, with 67% of total voting power standard - this is what you seem to have.

What you have to do is look at the verbiage. That 67% - is it by the BOARD or ALL MEMBERS? If by the Board only, then if the Board gets to 67% it can be changed. If it is by ALL MEMBERS, then majority of all owners, then it has to be 67% of all owners.

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