Q: Can a homeowner assoc. board change covenants or does it need to go to a vote to all homeowners for majority ruling?
The covenant is "Each home must have an exterior finish composed only of stucco, exterior insulation & finish systems (ElFS) brick, stone or combination of stucco or ElFS, Brick and stone.
The board wants to make a change that 70 % of the exterior can be James Hardy board, but this exception will only be granted to a builder that owns 16 vacant lots.
A: The answer to your question depends on very specific details in the association's declarations and bylaws. I would recommend organizing these documents, as well as all other information you believe is relevant to this situation, and consult with an attorney individually for further assistance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
