FAQ - Restrictive Covenants and By-Laws Updates
Many members have asked questions about the proposed updates to the Restrictive Covenants and Bylaws.
This page intends to answer those most common questions, and explain the intent behind the changes.
Q1: Why are the Belleau Woods HOA Restrictive Covenants and By-Laws being updated?
For years, you and your fellow homeowners have been asking, “When are we going to update the covenants?” This has been one of the most consistent requests in nearly every neighborhood meeting, including meetings we held before it was even possible to change them!
We’ve taken your feedback from those meetings and turned it into a set of proposed updates that reflect exactly what homeowners have been asking for: improvements to both the Restrictive Covenants and the Homeowner’s Association Bylaws. The proposed updates have been professionally reviewed to ensure everything is clear, consistent, and in good shape for the long term.
In short, these updates:
- Make the rules easier to understand
- Strengthen accountability
- Support how people actually live today
- Help maintain our property values
They fix long-standing frustrations that homeowners have raised for years—from unclear procedures to outdated language—and replace them with straightforward, homeowner-driven expectations.
Q2: There seems to be conflicting language about quorum in the Bylaws. Can you clarify?
In one section, it says that 50% of the Board officers plus one shall constitute a quorum (so 3 out of 5). In another section (Article VI), it says quorum is 10% of voting members in attendance. Also, where are the Articles of Incorporation?
There are two different kinds of meetings that support the Belleau Woods HOA, hence the need for the two different definitions of “quorum”.
Article V — Board Meetings (Officers and Advisors)
- Includes board officers (President, Vice President, Treasurer, etc.) and board advisors
- Officers manage day-to-day operations of the HOA:
- Addressing issues brought forth by members
- Approving budget items (e.g., front entrance plumbing and electrical repairs)
- Organizing events
- Attendance is typically just officers and advisors, so a quorum of 50% of officers plus one is needed to conduct business
Article VI — General Member Meetings
- The larger semi-annual group meetings for all members (held in April and October)
- Topics include events, administrative actions, financials, and future plans
- Historically, about 10% of members attend these meetings
- A 10% quorum means 10% of all organization members—essentially, everyone in attendance
Q3: In the current CCR, proposed changes require an 80% vote, but if passed, will require a 67% vote in the future. Correct?
Yes, that is correct.
- 2/3 (67%) is considered a supermajority in most legislative, corporate, and financial settings.
- Most commonly, HOAs require 67–75% of the eligible vote for major decisions.
- The intent of this change is to more efficiently address future changes requested by the membership.
Q4: In the CCR, the quorum is proposed at only 10%. Is this for both board and general meetings? Seems low. Why is this? What are voting topics other than CCR changes?
See Q2 above for clarification on the two types of meetings and their different quorum requirements.
Other voting topics may include:
- New board selections
- Budget approvals
- Other matters requiring general membership approval
Q5: Does "one vote per Lot" mean that every association decision requires 67% of homeowners to vote?
In the CCR, “association” decisions are referenced. “Every owner of record of a Lot shall be a member of the Association, shall have one vote per Lot.” Does that mean every association decision requires 67% of homeowners to vote on it?
No.
- The 67% vote requirement (Section 24) only applies to future amendments of the Restrictive Covenants.
- The “one vote per lot” rule (Section 21) applies to cases where general membership voting is required.
- This is certainly not “every association decision”.
Q6: What about home-based businesses? I have a studio in my home and sell at other venues. Is this allowed?
I have a studio in my home and sell at other venues. So technically, it is income-generating but not at this location. It is not clear that this is allowed. However, employees of homeowners are mentioned in the bylaws, which would indicate income-generating businesses are permitted. Please explain.
The spirit and intent of this section is to prevent retail-like thoroughfares where customers and suppliers regularly come and go to the residence. This would:
- Increase neighborhood traffic
- Create safety concerns
- Risk property damage
A home studio where sales and client interactions occur at other venues (not the residence) would not conflict with this intent.
Q7: Does the 10% quorum mean that only 6.7% of homeowners could change the CCR?
Please explain “Association duly appointed agent,” “Association successor,” and “Association assign.” Section 6 states covenants can be changed “by action of a minimum of two-thirds (67%) of votes cast at a meeting for which there is a quorum.” Does this mean 10% of homeowners can vote and change the CCR if 67% of those present vote? Isn’t that 6.7% of homeowners making a decision affecting 100%?
No.
While this section may initially sound confusing, the intent has not changed from requiring 67% of the lot owners to vote to pass amendments to the covenants.
- The two initial portions in Section 24 identify how the votes can be cast (at a meeting or in writing).
- The final phrase, “the owners of the lots,” identifies who specifically needs to vote to approve this kind of change.
- The 10% quorum at such a meeting would need to be met to conduct business, but that 10% alone does not satisfy the voting requirement for covenant amendments.
- 67% of all lot owners must vote to approve covenant changes.
