What Do You Need to Know Before Updating Your HOA’s Governing Documents?
Governing documents are a critical part of any Aurora, CO community association. Comprised of the community’s bylaws, rules and regulations, and CC&Rs, your governing documents set out all of the rules and guidelines for each resident of the community, including board members.
The governing documents are established as soon as the neighborhood has completed construction, even before residents move in. As a result, you may find it necessary to update your governing documents after some time to better accommodate the practical needs of residents.
However, updating your governing documents can be a tedious and complicated — although necessary — process. Before you move forward with updating your HOA’s governing documents, talk to your HOA management firm about what you need to know to do it right.
The Requirements for Updating Your Documents
Before moving ahead with any changes, you’ll need to fully understand what requirements need to be met to legally implement changes. For example, you may need a supermajority to vote in favor of changing the governing documents.
If there are members of your board that have experience reading legal documents, you can create a dedicated sub-committee whose job is to review the existing governing documents and chart a path for amending them. In tandem with your community management firm, they can identify what rules are in place, what is required to amend them, how they should be amended, and what the next steps are.
What Your Community Needs
Once you know what’s required to amend your governing documents, you’ll need to know what precise changes you want. The governing documents should be changed only when it benefits your community as a whole, so staying in tune with residents’ needs and desires is critical.
Pay attention to resident suggestions, resident complaints, use of common areas and amenities, housing trends, and more. You can also consult your HOA management firm, as they’ll have valuable insight into what other local communities are doing to improve resident satisfaction and quality of life.
How to Communicate Changes with Residents
Amendments to the community’s governing documents affect every single resident within your HOA, so it’s important to ensure that all changes are transparent and communicated clearly. Explain why you’re changing the governing documents and how the proposed changes will benefit the community members.
Your community management services team can help you create a strategy for clearly and effectively communicating changes to every member of the neighborhood. You can also invite participation from members and have them weigh in on the proposed changes before solidifying them.
How Community Changes are Implemented
Keep in mind that changing your community’s governing documents can be a lengthy legal process. It’s advised that you consult your HOA management firm and community attorney to ensure that everything is done promptly and without error. HOA management companies will also liaise between your board and your attorney, so you can reduce the amount of time spent on the legal process and spend more time focusing on your residents.
If you need to amend your community’s governing documents but are unsure how to proceed, let The Management Trust guide you. We’re one of the country’s premier HOA management companies, providing more than 1,500 communities with 24/7 community management, including HOA financial management. To learn more about how The Management Trust can help your Aurora, CO community thrive, give us a call at (303) 750-0994 or fill out our online contact form today.