I moved into a HOA 1998 where the covenants had expired in 1996. The board of directors were unaware of this until 2005. In 2006 the board rewrote to by-laws and covenants adding many new covenants to the old expired ones and had them registered as the "Reinstated by-laws and covenants". This was all done without the land owners consent or knowledge. No open meetings were held (only private sessions) and there was no voting on the new by-laws and covenants by the land owners, only the board.
When I questioned the board on the validity of by-laws and covenants not voted on by the land owners, I was told that the board had the power to vote on it for the land owners and did not need their consent. (I got the feeling they are quite power hungry and do not liked to be questioned).
Can the board in-fact adopt new by-laws and covenants without the land owners consent or knowledge? The old expired covenants state that it takes a majority vote of the land owners. The new ones does not even address making changes.