My comments on the Gunbarrel Green Bylaws and Articles changes

Here’s a post I made yesterday to Nextdoor.com:

Horrible proposed changes to the Gunbarrel Green HOA Articles and Bylaws

The Gunbarrel Green HOA Board has mailed out proposed changes to the Bylaws and Articles of Incorporation. They’re taking comments, and have scheduled a vote for July. There are two huge problems with these proposed changes:

1. Right now, dues can be increased only by a vote of 60% of the entire membership. They want to change it to a majority vote of members present at a meeting, or by proxy. Since a quorum is only 10 members, dues could be increased by a vote of as few of 6 members, with no upper limit on the amount.

2. The changes allow the Board, without a vote of members, to levy fees on members, to reimburse the Board for its services. The determination of what is reasonable is entirely up to the Board. They might, for example, decide to set a fee of $10 per month per member (higher than the current dues). While this might seem preposterous, a future Board could do this, and there would be no legal way to stop them. (Fees are supposed to be to cover the costs when a property changes ownership, but that’s not what the proposed changes say. That appears as only one of the purposes for which fees may be collected.)

There’s much more wrong with the way the proposed Bylaws and Articles are drafted, but these are the two most alarming provisions. I’ll have a more detailed list of the defects in a future posting here.

Please spend some time reviewing these documents!

And now here are my detailed comments, interspersed into the text of the documents, for easy reading:

Comments on the proposed Articles

Comments on the proposed Bylaws