While the current Board continues to ignor my questions or provide the proper paper work, I was again informed the Board is considering asking the members (Property owners) to allow a covenant change. The following helps clarify the importance of the original declaration of covenants versus board passed motions:
Usually, among these governing documents, the Declaration is the most difficult document to amend and takes a high percentage of the votes of members in order to change any provisions. In some cases, the consent of a percentage of the mortgagees is also required. Bylaws, dependent upon their amendment provision, may be amended by the Board of Directors or by the members. The Articles are amended by a vote of the members. The vote requirement is dependent upon the amendment provision found in the document. In the event of a conflict between the provisions of the Declaration and the Bylaws, the Declaration prevails.
