Full question:
I have a home in a community where there is a covenant against a private water system meaning i have to be connected to the community water which is operating without regulation certification or dec approval the water contains silt and methane gas and is unfit to drink as per the water utility i wish to install a private water system (cistern) and have it filled by a certified operator is there a legal way i can amend the covenant?
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Alaska
Answer:
The answer will depend on the terms contained in the bylaws for voting on an amendment. We suggest you read the terms of the bylaws, covenants and restrictions, and other governing documents carefully for procedures related to amending the rules or allowing an exception.
Please see the following AK statute:
34.08.370. Bylaws.
(a) The bylaws of the association must provide
(1) for the number of the members of the executive board and for the
titles of the officers of the association;
(2) for the election by the executive board of a president, treasurer,
secretary, and other officers of the association specified by the bylaws;
(3) for the qualifications, powers and duties, terms of office, and
manner of electing and removing executive board members and officers and
filling vacancies;
(4) which, if any, of its powers the executive board or officers may
delegate to other persons or to a managing agent;
(5) which of its officers may prepare, execute, certify, and record
amendments to the declaration on behalf of the association; and
(6) for a method of amending the bylaws.
(b) Subject to the provisions of the declaration, the bylaws may provide
for any other matters the association considers necessary and appropriate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
