This morning was the hearing before a Judge to obtain a ruling on the Petition filed by the HOA to request passage of 2 By-law changes that were defeated by a resident ballot vote.
The Petition was denied because the Judge felt it did not pass the ‘Unduly Difficult’ threshold. To pass a By-law it takes 1761 affirmative votes in favor of the By-law change. Even though there was 73% to 89% approval of the changes by a vote of the residents, the Judge felt that because the number of ballots cast exceeded the needed amount of 1761 affirmative votes, the court would not use its discretion to overturn the ballot vote. The Judge stated that if 100% of the ballots were in favor of the By-law change it would have passed, therefore the Judge did not think he should use his discretion to overturn an unsuccessful vote.
For the future, to make a change to the By-laws or CC&R’s, it will be necessary to get 1761 approval votes, and that will mean a much a greater effort in getting more residents to vote.
If you have questions, please let me know.