How to Change HOA Bylaws, Covenants, or Rules and Regulations - ProManage Experts

Homeowners associations (HOAs) operate under a set of governing documents, including bylaws, covenants, conditions, and restrictions (CC&Rs), and rules and regulations. These documents help maintain order and community standards, but sometimes, changes are necessary to better reflect the needs of residents. Whether your HOA wants to amend bylaws, CC&Rs, or general rules, the process requires careful planning and adherence to legal procedures.

Here’s how to go about making changes effectively.

1. Understand the Governing Documents

Before attempting any changes, it’s crucial to understand the current bylaws, CC&Rs, and rules and regulations. These documents outline the procedures for making amendments, including required votes and approval thresholds. In most cases:

• Bylaws dictate the operational framework of the HOA, including board elections and meeting procedures.

• CC&Rs define property use restrictions and community standards.

• Rules and regulations cover specific guidelines for residents, such as parking or noise restrictions.

2. Identify the Need for Change

Changes to HOA rules should be justified by a clear need, such as outdated policies, resident concerns, or legal compliance. Conduct surveys or hold meetings to gauge resident opinions and determine whether there is community support for the proposed changes.

3. Consult Legal Counsel

HOA amendments must comply with state laws, local ordinances, and the existing governing documents. Consulting an attorney who specializes in HOA law ensures that any proposed changes are legally sound and properly structured.

4. Draft the Proposed Changes

Once the need for a change is identified, draft the amendment language clearly and concisely. The proposed changes should specify what is being amended, removed, or added. Ensure that the new language is enforceable and aligns with the HOA’s objectives.

5. Notify Homeowners

Most governing documents require HOAs to notify homeowners about proposed amendments before a vote takes place. Provide written notice through emails, newsletters, or official HOA meetings, ensuring that residents have enough time to review and ask questions.

6. Obtain the Required Approvals

The approval process varies depending on the type of amendment:

Bylaws: Typically require board approval and, in some cases, a majority vote from homeowners.

CC&Rs: Often require a supermajority vote (e.g., two-thirds of homeowners) and may need to be recorded with the county.

Rules and regulations: Generally require board approval but may also involve resident input.

Review the HOA’s governing documents to determine the exact voting requirements and ensure all procedures are followed correctly.

7. Record and Implement the Changes

Once approved, document the amendments properly. CC&R changes may need to be filed with the local county recorder’s office. Notify all residents of the updates and provide copies of the revised documents. Enforce the new rules consistently to maintain community integrity.

Final Thoughts

Changing HOA bylaws, covenants, or rules requires careful planning, legal compliance, and community involvement. By following the proper steps and maintaining transparency with homeowners, HOAs can update their governing documents effectively while keeping the best interests of the community in mind.