![]() As communities age, it is important for homeowners to keep up their properties so that their neighbors don’t suffer. Often, the original covenants are ambiguous in this regard. Another provision commonly added is one that clearly states what homeowners must do to adequately maintain their property. Rental restrictions are one of the most popular things that Indiana HOAs want to add to their covenants. If the Board wishes to change those types of provisions, the covenants would need to be amended, not the by-laws.īoards can consider not only amending the original provisions, but also adding more restrictions. For many Indiana communities, that document is called the Declaration of Covenants, Conditions & Restrictions. Restrictions on items like mini-barns and fences are typically not contained in the by-laws, but instead are addressed in the covenants. Therefore, that is the document that needs to be amended in order to reduce the quorum to a more realistic figure. Normally, the quorum is set forth in the community’s by-laws. If your community consists of fifty, two hundred, or five hundred homes, experience shows that a 50% quorum is simply unrealistic. The original documents for many Indiana communities set the quorum at 50%. ![]() Boards should seriously consider a comprehensive legal review of the covenants and by-laws, especially if the Board is experiencing problems because of some of the provisions.Ī common problem concerns the quorum, which is the percentage of homeowners who must attend a homeowners’ meeting (such as the annual meeting) in person or by proxy. Finally, there may be provisions that are contrary to law or simply “don’t fit” the community. Additionally, the original covenants and by-laws may contain mistakes or inconsistencies. ![]() Common examples of this would be references to Class A Membership and Class B Membership as well as the “applicable date”. Once the homeowners association or condominium association is “turned over” to the homeowners, many of the provisions become obsolete. Typically, there are many provisions that are included for the developer’s benefit. The Boards of Directors of many Indiana homeowners associations and condominiums feel that they are “stuck” with the covenants and by-laws that the developer wrote. ![]()
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