Guides · How the association is run
How can the Master Covenant be changed?
It can be changed by a recorded amendment signed in either of these ways. The Declarant can sign alone. Or the Association’s president and secretary can sign, certifying that the Declarant (until the Development Period ends) and Members with at least sixty-seven percent of all votes approved it.
The sixty-seven percent is of all the votes, not of a quorum. Each Member votes individually, not through Neighborhood Delegates.
That is a summary in plain words. The passages below are what the documents actually say, and they are the authority.
What the documents say
This Covenant may be amended or terminated by the Recording of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the president and secretary of the Association setting forth the amendment and certifying that such amendment has been approved by Declarant (until expiration or termination of the Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the total number of votes of the Association.
Master Covenant, §10.3Read page 52 in the documentscan
The foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a quorum as established pursuant to the Bylaws. The Representative System of Voting is not applicable to an amendment as contemplated in this Section 10.3
Master Covenant, §10.3Read page 52 in the documentscan
Related
This guide was written from the copies in this archive. Documents can be amended after they are recorded, and this is not legal advice; the recorded instruments at the Comal County Clerk are the authoritative versions.