Chapter 5312: What It Means For Your Hoa (part Ivi)

This article marks the continuation of our summary of the Planned Community Act that went into effect on September 10, 2010.

Section 5312.05(A) governs amendments to both the Declaration/Covenants and the Bylaws/Code of Regulations. This section dictates that unless your documents state a specific percentage of ownership required to amend, that seventy-five percent (75%) of the voting power of the Association. Amendments are permitted by this section to be voted on at a meeting held for the purpose of voting on the amendment or by written ballot that is distributed to the owners with the proposed changes and then collected and counted. Any amendment to the documents will be effective when the document is recorded with the County Recorder. Failure to record an amendment causes the amendment to be ineffective.

Section 5312.05(B) covers termination or dissolution of the association. It states that unless the documents provide a different percentage, a one-hundred percent (100%) vote must be obtained to dissolve the association and remove the property from the application of the Declaration.

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