The Board has received questions from several owners about the process for making changes to our governing documents and about the association’s ability to engage legal counsel on behalf of the community. This bulletin is intended to provide a clear, factual summary of the rules that govern these processes as defined in our CC&Rs and Bylaws.
The key point for all owners to understand is that these processes are owner-driven. The Board cannot unilaterally amend the CC&Rs or retain legal counsel for matters outside the association’s day-to-day operations. Each of these actions requires owners to initiate, organize, and reach specific voting thresholds before the association has the authority to proceed.
- Amending the CC&Rs
The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the foundational document governing the use, operation, and administration of Reunion West. Any amendment to the CC&Rs follows the process set forth in Article XIII, Section 9(8):
Initiation – A petition signed by ten percent (10%) of owners, or initiated by the Board.
Notice – A written copy of the proposed amendment must be provided to each owner at least ten (10) days, but not more than ninety (90) days, prior to the meeting.
Approval to Pass – Consent of owners holding two-thirds (2/3) of all lots, together with approval or ratification by a majority of the Board.
Material Impact – If the amendment materially and adversely alters an owner’s right to the use and enjoyment of their lot, it also requires the written consent of a majority of the owners affected.
Effective Date – Upon recording the executed amendment or certified resolution in the Public Records of Osceola County.
Reference: CC&Rs, Article XIII, Section 9(8); Article XIII, Section 9(E) for protected provisions.
- Amending the Bylaws
The Bylaws govern the internal operations of the association, including meetings, voting, Board structure, and officer duties. Amendments to the Bylaws follow a similar owner-driven process:
Initiation – May be proposed by the Board or by petition of the owners.
Approval to Pass – Consent of two-thirds (2/3) of all voting members, together with Board majority approval.
Protected Provisions – No amendment may impair or prejudice the rights of the Declarant, the Association, or any Institutional Mortgagee without the specific written approval of the affected party.
Reference: CC&Rs, Article XIII, Section 9; Bylaws as applicable.
- Engaging Legal Counsel on Behalf of the Association
The association’s ability to retain legal counsel or pursue litigation is not at the Board’s sole discretion. Both the CC&Rs (Article XIII, Section 13) and the Bylaws (Article IV, Section 12) require a membership vote before the association can engage legal counsel for the purpose of pursuing, preparing, investigating, or commencing any lawsuit, except in the following limited circumstances:
a) Collection of assessments
b) Collection of other charges owners are obligated to pay under the governing documents
c) Enforcement of use and occupancy restrictions contained in the governing documents
d) Dealing with an emergency when waiting to obtain member approval creates a substantial risk of irreparable injury to association property or members
e) Filing a compulsory counterclaim
For any matter outside these five exceptions, the following steps are required:
Request a Meeting – Members holding one-third (1/3) of total votes must request a special meeting (Bylaws Section 3.3).
Quorum – Ten percent (10%) of total votes must be present at the meeting, in person or by proxy (Bylaws Section 3.6(a), as amended).
Approval – Three-fourths (3/4) of all voting members must approve the engagement of legal counsel.
Reference: CC&Rs, Article XIII, Section 13; Bylaws, Article IV, Section 12.
Summary of Voting Thresholds
CC&R Amendment – 10% owner petition – 2/3 of all lot owners + Board majority
CC&R Amendment (material impact) – 10% owner petition – 2/3 of all lot owners + Board majority + majority of affected owners
Bylaws Amendment – Board or owner petition 2/3 of all voting members + Board majority
Engage Legal Counsel(non-exempt) – 1/3 of votes to call meeting 3/4 of all voting members (10% quorum required)
The Board is committed to transparency and to operating within the framework established by our governing documents. If you have questions about any of these processes, please contact the association management office.