Steps In Processing
From Start to Finish
Homeowners wanting to change or reverse an HOA ruling or other governing documents, do not go into it blindly, study your HOA governing laws, state statutes and related state corporate laws. Then follow the below simple steps to receiving the best results. If you have not already requested a membership address list from your board, do so, this will become a useful tool during your canvassing for signatures. Make sure as in "Step Seven"you draft and use a legal petition form and after you have gathered all your signatures, before sending it to your board, review it first.
Board of Directors having deliberate condescending attitudes and have a self-absorbed belief they are the community landlords will do everything possible to stop your petition, even try and invalidate it. The most common issues homeowners have of their petitions being turned down, of not being for a lawful purpose or a non-legal petition format.
If an operating rule is reversed, it cannot be re-adopted by the board for at least one year. However, the board may vote on other operating rules covering the same subject.
Click here to edit text
Finding and talking to other homeowners who are like minded as you, and who would support your issue or a community issue.
Call on supporting homeowners and schedule a morning coffee and donuts or an early evening cocktail group gathering.
Meeting day should be a reintroduction and a strategy event on canvassing your community for petition support. Do not make it personal, you want to clarify the changes will benefit the whole community, not just yourself.
Start canvasing for your petition supporters, when canvasing split your community in equal shares. Do not go by yourself, go in two's or three's, going by yourself, makes you look like a complainer. Using your homeowners address list, check off the supporting homeowners. Remember to try and get more than a majority, in case of supporters dropping out on election day and/or unidentified homeowners voting privilege that have been suspended.
Once you get a majority or more of your fellow homeowners support, draft up a petition of your first priority. Note, you only need five (5) percent of the membership to start the petition process, but do not stop there. Go for broke and make sure you will have enough members to win a special election approving the petition.
Start canvasing for signatures for your petition, when canvasing do not go by yourself, go in two's or three's, going by yourself, makes you look like a complainer. Remember to try and get more than a majority, in case of supporters dropping out on election day and/or unidentified homeowners voting privilege that have been suspended.
Have a followup advocacy group meeting and update your group members where the petition process is currently at. If canvassing is completed have all petitions turned in at this time. Have your group check all petitions, make sure all I's are dotted and T's are crossed and they are ready to be sent to the board.
Package up the petitions, include a cover letter explain the contents of the inside, seal the package and send it certified mail. If you have not received confirmation of a special election meeting 20 days after the board has received the petition package, send a certified letter to the board notifying them they are in non-compliance of the CC&R's and their state statutes.
After receiving your special election secret ballot and instructions, vote and canvass your supporters and make sure they vote and turn in there ballots per HOA instructions. At this time, you may want to implement proxy's.
Attend the special election meeting and make sure there's no fraud taking place. At this meeting the election results will be announced.
Followup within approximately twelve days (12) after the special election with your property management company making sure the board has mailed the special election results and a copy of the approved amendment individually to all homeowners (titleholders), the board has fifteen (15) days to do so.
During the twelve months following the special election, do not become com-placid with the petition election results, keep a strong vigilance on your board, meetings, minutes, agendas, emails/notices and any other governing document request changes. The board may vote on other operating rules covering the same subject or wait for 12 months and re-adopt the rule.