A question was raised as to whether or not the Owners have the authority to amend the By-Laws specific to the question of being able to move clause 8.6 Board of Director’s Related Information from the CCR’s to the updated By-laws.  The authority for the Owners to approve such a move comes from our current By-Laws and our current CCRs as follows:

Current Bylaws: Dated June 30, 1990.

ARTICLE IX MISCELLANEOUS

9.5 Amendments. The Owners shall have the power to make, alter, amend or repeal these By-Laws, in whole or in part, at any time and from time to time at any annual or special meetings of the Owners; provided that notice of the proposed alteration, amendment or repeal, or new By-Law is included in the notice of such meeting.

Current CCRs: Dated June 1, 2024.

ARTICLE VII AMENDMENT TO THE DECLARATION

7.1 Amendment. (This provision was modified by Court order 03 Jan 2006. Recorded by Las Animas County Clerk and Recorder, Book 1054, Page 1819-1820, 05 Jan 2006). The provisions of this Declaration may be amended or terminated, in whole or in part, at any time and from time to time, by an instrument (which instrument may be executed in identical counterparts, in which event all of such counterparts shall be taken as one and the instrument of amendment) approved by 51% of Members who are voting in person or by absentee ballot at a meeting duly called for this purpose.

Before such a meeting can be called, the proposed amendment must be offered to the Covenant Committee for consideration, and if approved, must then be considered and voted on by the Board of Directors. Only then can it be placed before the members for a vote. This requirement cannot be changed or waived in any manner whatsoever without 51% approval by the full membership.

Any action terminating this Declaration in full or any action to change the Ownership of the common areas shall require the approval by fifty-one percent (51%) of the members voting.

Governance Document Review Committee