Ethical and Effective Legal
Representation
775-322-3666
Call Now: 775-322-3666

Do You Need to Amend Your HOA Governing Documents?

Before embarking on the process of amending covenants, conditions, and restrictions (CC&Rs) and Rules/Regulations that govern homeowners’ associations (HOAs), HOA boards must have clear reasons for amending the governing documents. They should also keep in mind that amending HOA governing documents can be time-consuming and expensive. Once they have performed their due diligence and carefully deliberated on the matter, they can then start the amendment process.

Why Should HOA Governing Documents Be Amended?

HOA CC&Rs and rules and regulations lose their relevance with time. Some changes in the community and society at large might necessitate the amendment of HOA governing documents. New state laws may also force associations’ boards to amend their covenant and bylaws to stay compliant.

Massive demand from homeowners might also push HOA boards to change the bylaws and CC&Rs. If most members want to change the minimum number of people required for a meeting to happen, for instance, then the board should carefully consider that demand. The decision to amend the governing documents should, however, be based on good judgment and logical thinking.  

Although there is no standard timeline for amending HOA CC&Rs and changing HOA Rules and regulations, it’s best practice to inspect the governing documents after every three to five years. An HOA lawyer can help the board identify outdated provisions or stipulations that no longer adhere to the law. The lawyer can also guide the HOA on the best ways to ensure CC&Rs are equally and non-prejudicially enforced within the community.  

Steps for Amending HOA Governing Documents

Proposal of Amendment

The amendment process starts with a proposal describing the modifications to the governing documents.

Review Meeting

The board holds a board meeting to review the proposed amendment. Homeowners are allowed to offer their views regarding the proposed amendment.

 Voting  

After the review, the whole membership votes to either pass or reject the proposed amendment. The voting period may be prolonged in case an association experiences low voter turnout.  The current governing documents dictate what percentage of members need to vote to approve an amendment.

Tallying of the Votes

Vote counting may happen during an open meeting so that homeowners can keep an eye on the vote-counting process.

Amendment Approval

Depending on the governing documents, HOAs generally require votes from either a simple majority or two-thirds of the membership to approve the amendment.

Recording and Effectivity

Upon approval, the county recorder’s office must be notified of the changes for recording purposes. Bylaws don’t require recording. Members must, however, be notified of changes before bylaws become effective.

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
GET EXCLUSIVE LEGAL NEWS
Receive our free eNewsletter with the latest legal news.