Process to Change or Amend Covenants
The process to amend the Covenants is not easy as the Covenants and By Laws are legal documents, agreed upon by purchasing a lot in the Red Rock Ranch, Forest View Acres and Clovenhoof Home Owner’s Association, (RRRHOA or HOA). Not unlike any other governing document, the change process needs to be approved by the HOA Board at different stages.
1. The Lot Owner proposing a change/amendment to the Covenants is welcome and invited to first address the RRRHOA Board with the proposal. The Lot Owner proposing the Covenant changes should ensure to the board that there is wide support for the proposed changes. (Ultimately, per the Covenants themselves, a vote with 51% of all lot owners in support is required to change the Covenants.)
The proof of support can be in the form of a petition signed by 33% the HOA lot owners. The petition must be presented to the Board, with the Petitioner’s written notice provided at least 10 days prior to the member meeting or Board meeting. The Board reserves the right to its own viewpoint (which might not be in agreement) as members of the community propose and discuss the proposal.
The Petitioner must provide the formally worded Covenant change/amendment (Proposed Amendment) with the petition. The Board will vote to support or not support the change. If the Board does not support the change, the process is finished with no further action to be taken. If the Board does support the change, a Committee will be appointed to continue the process. This is a costly process and the RRRHOA is not obligated to expend resources on this proposed change.
2. If the Board approves of the proposed changes, then wording of the Proposed Amendment needs Board approval. This may also include direction and rewording by a lawyer for the HOA. The HOA is not obligated to fund this part of the process and it may need to be funded by the Lot Owner(s) wanting to champion the proposed changes. This review is to ensure the proposed changes do not conflict with existing Covenants, have unintended consequences, are enforceable by the RRRHOA, and will have validity in a court of law.
3. A specifically worded (by HOA) ballot must be mailed to all Lot Owners with return postage. The ballots must include language as to the length of time required to return the ballot and any other method of collection. Any door to door collection of votes must be done by Board members to ensure validity of the ballot. The HOA is not obligated to fund this part of the process and may need to be funded by the Lot owner(s) supporting the proposed change.
4. Ballot counting is to be done with a majority of Board members present. Ballots must be kept for a minimum of 5 years.
5. If the vote for the Proposed Amendment fails (does not achieve 51% of total lot owner votes), no further action will be taken by the Board. If the Proposed Amendment passes, with Board approval, the Amended Proposal will be filed with El Paso County Clerk and Recorder. The HOA is not obligated to fund this part of the process and may need to be funded by the supporting Lot owner(s).
