Amendment Process for Meadow Lakes Governing Documents (aka Declaration, Code of Regulations, By-Laws, Covenants)

A Homeowner may ask the Board to hold a special meeting by having 25% of the Owners to sign a petition requesting the meeting. 

The petition must state the purpose of the meeting, e.g. “To amend the Declaration to allow above-ground pools” or whatever is appropriate to the issue.  The petition has to specify if the special meeting is to only discuss the issue or vote on it.  No business may be transacted except as stated in the notice for the meeting.  (Per By-Laws Article II, Section 3.)  

The Homeowner can obtain the list of Owners via public records.  The HOA Management company can provide a mailing service to the Homeowner who must pay for any copying, postage, etc. to circulate the petition.  The request must be for appropriate association business.  For example, voting for an amendment or campaigning for the Board would be appropriate;  soliciting owners for proprietary purposes is not. 

If the homeowner gets 25% of the Owners to sign the petition to request the meeting, the Board will then schedule the meeting, send out the appropriate notice and run the meeting.  The HOA's Attorney will accurately and properly prepare the ballot and proxy documents for the amendment.

An amendment requires 75% approval of all Owners at the meeting, either in person or by proxy, plus the approval of the Declarant plus the approval of the FHA or VA per Declaration Article XIV, Section 14.2.  With 800+ homes as of July, 2009, 75% approval = 600+ positive responses.  Non-responses are considered "no" votes.

If the issue passes, then an amendment is drafted by the associations’ attorney and properly recorded with the county recorder.