I'm in Missouri
Background info.
Small HOA (23 homes) in MO, can not find any by-laws, do have C&R, original developers went bankrupt; we are left to fend for ourselves. Small HOA = little to no money, maintain our gravel roads and lake property (Pay property tax and insurance).
We want to amend our C&R to allow additional property into the subdivision. We were first told by an attorney that we could amend our C&R with 2/3 vote. Now he tells us that is wrong and has to be pass by 100% due to a state statue stating C&Rs can not be amended the first 30 years. The General Provisions of the C&R state:
Durantion - the C&R of this declaration shall run and bind the land and shall inure to the benefit of and be enforceable by the association or the owner of any land subject to this declaration, their respective legal representatives, heirs successors and assigns, for a term of 30 years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by the then owners of 2/3 of the lots have been recorded, agreeing to change said C&R in whole or part. Provided, however, that no such agreement to change shall be effective unless recorded 60 days in advance of the effective date of such change, unless written notice of the proposed change is sent to every owner at least 30 days in advance of any action taken.
The part I have bold, does this tell me it takes 2/3 votes to amend the C&R? If not, what does this mean in plain english?
Background info.
Small HOA (23 homes) in MO, can not find any by-laws, do have C&R, original developers went bankrupt; we are left to fend for ourselves. Small HOA = little to no money, maintain our gravel roads and lake property (Pay property tax and insurance).
We want to amend our C&R to allow additional property into the subdivision. We were first told by an attorney that we could amend our C&R with 2/3 vote. Now he tells us that is wrong and has to be pass by 100% due to a state statue stating C&Rs can not be amended the first 30 years. The General Provisions of the C&R state:
Durantion - the C&R of this declaration shall run and bind the land and shall inure to the benefit of and be enforceable by the association or the owner of any land subject to this declaration, their respective legal representatives, heirs successors and assigns, for a term of 30 years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by the then owners of 2/3 of the lots have been recorded, agreeing to change said C&R in whole or part. Provided, however, that no such agreement to change shall be effective unless recorded 60 days in advance of the effective date of such change, unless written notice of the proposed change is sent to every owner at least 30 days in advance of any action taken.
The part I have bold, does this tell me it takes 2/3 votes to amend the C&R? If not, what does this mean in plain english?