Want To Change Your HOA’s Bylaws? Make Sure To Read This First
No community association is static. As time passes and residents move in and out of your association, it will evolve, and your HOA’s bylaws and covenants will eventually need to evolve with it to ensure the best quality of life for everyone.
Changing HOA bylaws is not a simple process, however. Board members don’t possess absolute power that allows them to change the bylaws at their sole discretion. Rather, you’ll need to go through the proper channels and procedures to ensure everything is done by the book. If your HOA wants to alter its current bylaws, it’s important to understand the ins and outs of them as well as what to consider before making any amendments.
What Are HOA Bylaws?
HOA bylaws are the governing documents of a community association. The bylaws outline the procedures and rules for running the HOA, forming an important set of guidelines for the community and its residents.
Bylaws typically include information about voting procedures, meeting processes, board responsibilities, and other important details about the operation of the HOA. This document is legally binding, and residents are expected to comply with it at all times.
What Should You Consider Before Amending HOA Bylaws?
Amending your HOA bylaws should not be taken lightly. Before making any changes, it’s important to consider a few key factors to ensure that everything is done legally and with fairness for everyone involved.
The first important consideration is local laws. Some states or municipalities have laws that dictate the process required to change HOA bylaws. To ensure that you aren’t violating these laws in the process, consult your HOA management company, which should be able to provide you with legal guidance and advice for remaining compliant while adjusting community bylaws.
Another key consideration is your HOA bylaws themselves. Some community bylaws will outline how those bylaws can be adjusted in the future. Since this is a legally binding document, these procedures will need to be abided by in the process of altering your community rules. Again, consult your community association management firm for assistance in altering bylaws in a way that is legal and compliant.
What Is the Step-by-Step Process for Amending HOA Bylaws?
If your HOA board has considered the above factors and is ready to change its bylaws, it’s best to adopt a formal process. Creating a step-by-step procedure will help eliminate potential impropriety and make the process seamless for everyone involved.
- Identify the Need for Change: First and foremost, you need a reason to make changes to your bylaws. This could be a specific issue that needs to be addressed, an outdated policy that no longer applies, or a need for clarification and simplification. Review your existing bylaws and identify exactly what you want to be amended.
- Create a Proposed Amendment: Working with your HOA board, attorney, and hOA management company, create a proposed amendment that clearly outlines the changes you intend to make. This includes specifying the exact working of the amendment and the section of the bylaws it affects.
- Inform Homeowners: Let residents know about the proposed changes through newsletters, emails, or other communication channels. Consider holding a meeting to discuss the amendments and address any concerns or questions.
- Vote on the Amendments: Per your existing bylaws, hold a vote to adopt the amendments. This could be done in a board meeting or through a mail-in/email ballot.
- File the Amendments: Once the amendments are approved, make sure to file them with the appropriate state agency and update your bylaws accordingly.
- Communicate Updates: Inform homeowners of the changes and provide them with a copy of the updated bylaws. You could also host an informational session or Q&A to explain the amendments in more detail and answer any resident questions.
Amending HOA bylaws is a process that requires careful consideration, consultation, and communication. If you need guidance in ensuring that you amend your bylaws properly, a professional HOA management company like The Management Trust can help. With more than 30 years in the industry and over 1,500 communities successfully managed, we have the expertise to guide you in all aspects of community association management. To find out more about our comprehensive HOA management services, contact us today. We look forward to working with you!
