There has been some confusion around the proposed amendments to our HOA covenants. The full text of each amendment was included in the first mailing prior to the election — as the counting of votes on amendments has been deferred (for additional details, see this post), we would like to refresh this detail, as well as provide additional context/examples.
The following are proposed amendments to the Declaration of Covenants, Conditions, Easements and Restrictions for Latham Park, originally recorded at Official Records Book 10812, page 4473, et. seq. of the Public Records of Orange County, Florida, as amended. New wording is underlined; deleted wording stricken through (except when proposed amendment involves substantial rewording). Context and examples (which will not be included in any amended documents) are italicized below the amended text.
Declaration Article X, section 31 — Flags — is amended to read as follows:
Display of flags is permitted on Lots only as and to the extent permitted pursuant to Section 720.304, Florida Statutes. Additionally each Lot may display one of the following: Pride flag, Peace flag, Sport Team flag, or Holiday flag.
Removes the restriction of “only” per the Florida statute, and adds specific additional flags which may be displayed.
Declaration Article XVII, Section 2 — Amendments by Members — is amended to read as follows:
This Declaration, and the Articles of Incorporation and Bylaws, may be amended at any time by the affirmative vote or written consent, or any combination thereof, of Voting Members representing sixty-six and two-thirds percent (66 2/3%) of the total votes of the Association; of the votes present (in person, electronic, or by proxy) at a duly called meeting of the members in which there is a quorum. “In person” attendance includes via conference call or video conferencing if such meeting is hosted in this manner by the Association. provided, However, that if the affirmative vote required for approval of action under the specific provision to be amended is expressly stated as a higher or lower percentage, then such higher or lower percentage shall be required to approve the amendment of that provision. Notice shall be given as required by Florida law at least sixty (60) days prior to the date of the meeting at which such proposed amendment is to be considered. If any proposed amendment to this Declaration, the Articles of Incorporation or Bylaws, is approved by the Members as set forth above, the President and Secretary of the Association shall execute an appropriate certificate as required by Florida law. amendment which shall set forth the amendment, the effective date of the amendment, the date of the Meeting of the Association at which the amendment was adopted, the date that notice of such meeting was given, the total number of votes of the Members of the Association, the number of votes necessary to adopt the amendment, the total number of votes cast for the amendment, and the total number of votes cast against the amendment. If such amendment relates to this Declaration it shall be recorded in the Public Records of the County. Within thirty (30) days after recording any amendment to the Governing Documents, the Association shall provide copies of the amendment to the Members as required by Florida Law.
Reduces the required number of votes to pass future amendments from 2/3 of ALL MEMBERS (currently requires 230 votes in favor), to 2/3 of votes cast (electronically, by proxy, or in person) at a meeting with proper quorum (30% of members) — minimum 69 votes in favor. Note the quorum requirements nor the way quorum is counted are not changed, and this is is a minimum based on that quorum — if 200 members cast a vote, it would require 134 votes in favor in order to pass the amendment.
Article X, section 6 — Restriction Against short term Rentals — is amended to read as follows:Restriction against Short-term Rentals. There shall be no “short-term” rentals of any dwellings, or portions thereof, on any Lot. For purposes of this Declaration, a “short-term” rental shall be defined as any rental for a period of less than six (6) calendar months. All other rentals shall be subject to the restrictions set forth in Section 40.A of this Article X
Occupancy and Leasing Restrictions
a. All Lease Agreements shall be in writing and owners must submit a Rental Notice to the Association specifically mentioning the Address, lease terms, number of occupants and vehicles, as well as the contact information for the owner.
b. Lease Agreements are only permitted to be at a minimum 6 months in length.
c. A dwelling may not be rented more than 3 times per year.
d. All homes are single Family use homes only as stated in Article III Section 1 Permitted Use.
e. All Lots that are rented must be maintained by professional lawn service to the standards set forth in Article X Section 13.
Adds requirements that the lease details be submitted to the Association for recording, along with professional lawn maintenance required on rental properties.
Article X, Section 25 — Basketball Goals and Equipment — is amended to add the following language:
No basketball goals, backboards, poles or other equipment may be installed, located, or maintained on any lot other than temporary (portable) basketball goals which are used on driveways or other paved area on a Lot. and which must be stored inside a garage or other permitted structure on a Lot when not in use. Portable basketball goals must be maintained in good condition and meet the following standards:
* The basketball hoop/goal must have a backboard ranging from 44″-72″ and a height of 7 feet or greater
* The equipment must be in good condition (example: no broken backboard, no torn net, etc.).
* The basketball hoop/goal must be appropriately weighted to not cause it to tip or fall over.
* The basketball hoop/goal must be located and used on a driveway or other paved area.
* The basketball hoop/goal must not be placed on a sidewalk or unpaved yard area.
* The basketball hoop/goal shall only be used within the hours designated by the Orange County Noise Pollution Control for a Residential Area (Chapter 15, Article V Sec. 15-182)
Aligns language with the existing “perpetual in-use” permit which can be granted by the ARB
Bylaws section titled “Board of Directors” subtitled “Number, Appointment/Election and Term” is amended to read as follows:
The number of directors may be increased or decreased from time to time in accordance with the Bylaws, but shall never be less than three (3) nor more than seven (7), and shall always be an odd number (i.e., 3, 5, 7). Any increase or decrease in the number of Directors shall require the affirmative vote of a majority of the voting interests of the Members at any special meeting of the Members called for the purpose of changing the number of Directors. No decrease in the number of Directors shall have the effect of shortening the terms of any incumbent Director. Except as otherwise set forth in the Declaration with regard to the appointments/elections by Declarant prior to Turnover, the Directors shall be elected at the annual meeting of Members and at each annual meeting thereafter, by a plurality of the votes cast at such election using a straight voting method for each available seat on the Board of Directors to be filled, and shall hold office until the next succeeding annual meeting. The term of each Director’s service shall be for two (2) years once staggered terms have been established pursuant to this Section. At the election of Directors immediately following the adoption of this provision, the terms of all Directors shall expire. The three (3) candidates receiving the highest number of votes shall be elected for two (2) year terms and the two (2) candidates receiving the next highest number of votes shall be elected for one (1) year terms, in order to set up the staggered service as called for herein. Despite the expiration of a Director’s term, each Director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified, until there is a decrease in the number of Directors, or until his earlier resignation, removal from office or death.
Increases the term of Directors to 2 years, with staggered terms (established by first electing some directors with 2-year terms and some with 1-year terms). The goal of this amendment is to ensure overlap of Director’s terms, so that Directors with experience can help get new Directors up to speed before leaving office.
Bylaws section titled “Vacancy” is amended to read as follows:Except with regard to any Directors that Declarant has the right to appoint/elect, the vacancies of which may only be filled by Declarant, any Any vacancy occurring on the Board of Directors shall be filled by the Members in accordance with the Articles of Incorporation and these Bylaws by an affirmative vote of the majority of the remaining Directors, even if the remaining Directors constitute less than a quorum, or by the sole remaining Director.
A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of the predecessor in office. Any seat on the Board of Directors to be filled by reason of an increase in the number of Directors may be filled by the Board of Directors, but only for a term of office continuing until the next election of Directors by the Members, or, if the Association has no Members of no Members having the right to vote thereon, for such term of office as provided in the Articles of Incorporation. A vacancy that will occur at a specific later date, by reason of a resignation effective at such later date, may be filled before the vacancy occurs. However, the new Director may not take office until the vacancy occurs.
In the event that a Director resigns or the office is vacated for any other reason, the remaining Directors can appoint a replacement to assist with the workload of managing the community. This bypasses the delay incurred of giving the required 60-day advance notice for a meeting of Members and the required quorum of 30% to hold a vote, allowing community business to proceed as normal.