6 Steps to Amend HOA Bylaws and Covenants and More!

Governing homeowners associations include documents, among which are the bylaws and the CC&Rs. However, there will come a time when you will need to amend those documents. Continue reading to learn how to change HOA bylaws and CC&Rs.

Is it Possible to Change HOA Bylaws and CC&Rs? 

A homeowners association's bylaws define how the community operates. It consists of various stipulations. These specifications include how many board members can serve at any given time, how often to hold board elections, meeting requirements, and the responsibilities of each board member.

On the other hand, the CC&Rs—short for Covenants, Conditions, and Restrictions—define the rights and obligations of an HOA towards its members and vice versa. It consists of provisions such as property-use restrictions, the enforcement of covenants, and dispute resolution. It also covers obligations relating to maintenance, dues, and insurance.

Typically, it's essential to establish these governing documents upon the development of the planned community. In addition, HOAs can change bylaws or covenants, though it often involves a pretty lengthy process.

 6 Steps to Amend HOA Bylaws and Covenants

Before proceeding with the process, HOA boards must first consider why they want to change the bylaws or CC&Rs. If there is no justifiable reason to do so and the board intends to alter the documents "just because," it is unwise to proceed. Remember that amending HOA covenants and bylaws is a time-consuming and often financially demanding process. After careful consideration, you can initiate the amendment process. This process may vary depending on state laws and your HOA's governing documents. 

According to HOAManagement.com, here is how to change HOA covenants and bylaws:

 1. Amendment Proposal 

The first step consists of a proposal describing the changes to the bylaw or covenant. The board will receive this proposal and then submit it for review.

 2. Discussion Meeting

The board will then discuss the proposed amendment at a board meeting. During this meeting, the board must allow homeowners to provide their input on the proposal. In some cases, the board may call a special session to confer.

3. Give it a Vote

Following review, the entire membership will then vote either for or against the amendment. Specific requirements may apply here, too. For instance, in California, HOAs must use secret ballots to vote for these changes. The process for changing HOA covenants will also need secret ballots. Some associations may have trouble with voter turnout. In that case, the HOA board may extend the voting period.

4. Count the Votes

The next step in the process of how to change HOA bylaws and covenants is counting the ballots. The tallying of the votes usually takes place during an open meeting. This way, vote counts are done in front of homeowners. Doing this ensures not only transparency but also gives members peace of mind.

5. Amendment Approval

Homeowners associations require a majority vote from the membership to approve the amendment. What counts as a majority will depend on your governing documents. Usually, though, HOAs need two-thirds or three-quarters of members to support the change.

6. Recording and Effectivity

After approval, record changes to the CC&Rs with the county recorder's office. Bylaws, on the other hand, don't need recording. Instead, give notice of bylaws when the membership enacts changes. But, that does not mean the board can skip the message when it comes to covenant changes.

How Should One Change HOA Bylaws and CC&Rs? 

Bylaws and covenants don't stay relevant forever. Specific changes in society and the community might trigger the need to amend an association's governing documents. Shifts in state laws may also cause a change in your bylaws and covenants to remain compliant.

Another reason to amend your bylaws or CC&Rs is due to overwhelming demand from homeowners. For example, suppose a majority of your members want to change quorum requirements for a meeting. In that case, your board should consider it. However, base your decisions on sound judgment and rational thinking. Don't just change your governing documents because you can.

How often do bylaws need to be updated? 

Unfortunately, there is no standard frequency for updating your bylaws and covenants. Generally, though, it is a good idea to review your governing documents every 3 to 5 years. During your review, make sure to check whether there are any provisions or stipulations that are outdated or are no longer in compliance with the law. Again, it is best to have your HOA attorney help you with this.

Expiring Covenants and How to Revitalize Them

Believe it or not, HOA covenants do expire in some states. Covenants generally reach this point when they become over 30 years old. When covenants expire, you can no longer enforce them.

The subject of expiring covenants may agitate you because it means you will need to go through the entire amendment process to enforce them again. But, there is a process known as Covenant Revitalization that makes it more accessible.

Through Covenant Revitalization, you can reinstate expired covenants and enforce them as if they never expired in the first place. To revitalize covenants, though, you will still need a majority vote from the membership. After that, you must seek approval from local or state governments.

How to Change HOA Rules and Regulations

You might think HOA rules are just another term for bylaws and CC&Rs. While many people use these terms interchangeably, there is a difference between them. An association's operating rules and regulations (HOA rules) are additional rules not covered in the bylaws and CC&Rs. Usually, these rules tend to be more specific and help homeowners comply with the covenants.

But, can HOA change rules? Similar to bylaws and CC&Rs, the HOA does have the power to change its rules and regulations. The process, though, is a little different.

It starts the same—with a proposal of the rule change and a meeting to discuss the proposal. The board must provide notice of the proposed change to all homeowners within a specific period. Boards also obtain input from homeowners, but there is no vote from the members.

Can an HOA Board Change Rules Without Member Approval? 

Typically, the board does not need permission from the members to enact a rule or make a rule change. The only vote will come from the board members themselves. If the board reaches a majority vote defined in the bylaws or CC&Rs, then the rule will pass. The board must then send out a notice following the adoption of the new rule.

The process for how to change condo rules and regulations remains largely the same. As usual, though, it is best to check your governing documents and state laws to avoid potential liability.

Can Homeowners Change the Rules?

Even though the board typically holds authority when it comes to rule changes, that does not mean homeowners are entirely powerless. Homeowners who want to change their rules should first review their governing documents; there are outlines on how to submit a proposal. 

Then, homeowners can draft a proposal and submit it to the board for review. If most homeowners feel the same way about an issue, it is good to include that in the proposal. Perhaps the easiest way to change rules in a community association is to run for a position on the board. There are plenty of benefits and reasons to serve on the HOA board.

Follow Procedure, Avoid Liability

Every HOA board must know how to change HOA bylaws and covenants as well as rules and regulations. Familiarizing yourself with the proper procedures will enable you to make and adopt amendments smoothly. Failing to do so will render any changes you make unenforceable. Additionally, you may even find the association and your board in legal trouble.