Summary
The three governing documents have different — and very different — amendment thresholds. The Declaration requires 75% of owners to amend (hardest). The By-Laws require only a 2/3 vote of Directors (no owner vote). The Rules and Regulations can be changed by a simple Board vote. This creates a clear hierarchy: Declaration changes require broad community consensus; By-Laws changes require Board supermajority; R&R changes are entirely Board-controlled.
Amendment Thresholds
| Document | Action | Required Vote |
|---|---|---|
| Declaration | Amendment | 75% of Voting Members OR owners of 75% of Lots |
| Declaration | Revocation/termination of all covenants | 3/4 of all owners |
| By-Laws | Amendment or modification | 2/3 of Directors’ total votes (no owner vote) |
| Rules & Regulations | Amendment | Board of Directors vote (no owner vote required) |
Duration and Renewal
| Event | Date/Threshold |
|---|---|
| Declaration recorded | April 20, 2004 |
| Initial 40-year term expires | ~April 20, 2044 |
| Auto-renewal | Successive 10-year periods |
| Termination of auto-renewal | 3/4 of owners vote to revoke |
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Declaration amendment requires 75% of Voting Members or 75% of Lots | Declaration 2004 | Article 11 |
| Declaration runs 40 years + successive 10-year renewals unless revoked by 3/4 of owners | Declaration 2004 | Article 11 |
| By-Laws amendment requires 2/3 of Directors’ votes | By-Laws 2004 | Article XII |
| By-Laws may not be amended to conflict with the Declaration | By-Laws 2004 | Article XII |
| Board may amend R&Rs without owner vote | R&Rs 2013/2021 | Preamble/Board authority |
Practical Notes
The high Declaration amendment threshold (75%) means core restrictions — fence specs, property use limits, assessment authority — are difficult to change. The By-Laws are much more flexible: the Board can change meeting procedures, Board size rules, officer roles, and fiscal management policies by a 2/3 Director vote. The R&Rs are the most flexible tier, changeable by simple Board vote.
The 2021 ornamental aluminum fence amendment to the R&Rs was a Board-level R&R amendment; it does not amend the Declaration’s Section 8.11 cedar-only spec. See fence-specifications for the governance gap this creates.
History
No meeting history recorded yet.
Open Questions
- Does the 75% threshold apply to total Lots (217) or only to owners who participate in a vote? The Declaration language “owners of 75% of Lots” suggests the former — 163 of 217 Lot owners would need to approve.