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Committee advances bill letting older subdivisions amend covenants with high voter threshold
Summary
House Bill 664 would allow certain long-established subdivisions without explicit amendment provisions to change covenants by an 80% homeowner vote; supporters said it provides a path for older communities to modernize rules while witnesses urged review of the 80% threshold.
The House Judiciary Committee on Oct. 27 passed House Bill 664, a measure intended to give older subdivisions that lack explicit amendment procedures a statutory path to modify their covenants.
Sponsor testimony said the Hunt Cliff Homeowners Association brought the bill after discovering its original covenants had no amendment procedure. The proposed law would require an 80% affirmative vote of homeowners in the subdivision to amend covenants for affected older subdivisions.
Committee members and witnesses questioned whether an 80% threshold is typical. Anne McKillip, who identified herself as treasurer of the Buckhead Condo Alliance and a Midtown Quality of Life task force director, told the committee that in condominium communities she is familiar with, amendment thresholds are often closer to 70 percent and said 80 percent “is too high,” while also saying a high threshold is appropriate for measures that bind all owners.
The committee adopted the bill by voice vote; one member recorded opposed on the record during the vote.
