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Changing Homeowners Association By-Laws?

I am new to the neighborhood and find out that they do not allow RV Parking, even through I just bought a house all set up, with an RV Parking area. The backyard (side yard) is large enough. However, in the rules they say you can park an RV on the street - but it can't stay in the same place for 24 hours. So everybody just moves their RV every 23 hours.

Personally, I do not like seeing the RVs on the street - but its not like they are junk. I am not out to change that.

Its a samll association and a small tract.I am confident that I could organize enough of the neighbors to get a majority of signatures to allow RV Parking in the homes that have RV access.

Does Majority Rule in these HOAs? And are there more than just By-laws; A constitution if you will that isn't on the little 12 page booklet I got with the house?

Henderson,NV

6 Answers

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  • 1 decade ago
    Favorite Answer

    Changing the rules involves changing everyones contracts. It requires 100% compliance, not a "majority", but everyone. You can not force a new contract on a property owner against their will.

  • 1 decade ago

    I live in a gated community that is 60 years old. It is difficult to understand why an Association has the authority to pass some of its "by-laws." But, my impression is that the "political types" always take control of the Association Board. It is as if they meet in a secret place and then pass rules in an "open hearing." Frankly, I want some limits on use of the neighborhood land. Not trying to be "on your side" ; but, you are on to a great idea with signature drive project. Still, the board members really have some magical power to weave the outcome of votes to a result they want. I kind of see most of the battles of the newcomers vs. the long-timers. You really need to attend the board meetings and propose a list of changes with the backing of other members who support your general views. I guess majority rules; but, I am sure there are limits on the legality of an association's intrusion into your life. I am happy where I live; but, the rules are an imposition on many of the families. You really need to attack the problem as more than a RV issue. It is a freedom issue.

  • Ranger
    Lv 7
    1 decade ago

    1st. ask the HOA president for a copy of the HOA administrative rules (Constitution). Check to see if the HOA has been following the administrative rules and if they have held the annual meetings as required by state laws, and was a quoram present.

    Normally, the first residents in a subdivision will hold the meetings and elections for about two years and then stop from lack of interest.

    If they failed to hold the annual meeting and failed to follow admin rules on electing officers, keeping records, etc, even missing one, the HOA is legally dead and can't enforce any covenants on anyone. You can do what ever you want as long as they don't contravene the city ordinances or other state laws.

    If they are null and void, ask your title company to delete the covenants from your property records to remove future confusions.

  • 1 decade ago

    Majority rule does not apply in any homeowners association that I know of. All of the ones I know of require 90% to change a by law. It is set up that way by the subdivision developer so that his rules apply until almost all the lots are sold. The developer owns the unsold lots. After that it is virtually impossible to change the rules. In your subdivision I'd bet there are a handful of people who object to allowing RVs which is probably enough to prevent a change. Check your homeowners association by laws to be sure.

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  • ?
    Lv 4
    5 years ago

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  • Anonymous
    1 decade ago

    You should read your by-laws regarding how to change by-laws.

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