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Can HOA Rules Be Changed?

Governing documents can typically be changed or otherwise amended as long as the correct procedures are followed. Homeowners’ associations may need to modify governing documents for many reasons. HOAs may consider amendments to their governing documents to get rid of obsolete provisions, those no longer enforced or observed, or those in conflict with current state or federal laws.

The types of documents HOAs may change to keep up with the evolving legal and real estate landscapes and the needs of their community members include the association bylaws; covenants, conditions, and restrictions; and the association rules and regulations.

Amending HOA Bylaws

Community associations must take certain steps to make changes to HOA Bylaws. Bylaws set out the procedural rules for the HOAs’ day-to-day operations, and they may include specifications for the number of board members, when and how new board members should get elected, and the duties and responsibilities of the board members. Bylaws may undergo modifications without filing any official documents with the state, but a membership vote in accordance with the bylaws’ specifications must approve all amendments.

Changing Covenants, Conditions, and Restrictions

Amending HOA covenants, conditions, and restrictions (“CC&Rs”) involve taking a membership vote and recording the amendment on all Lots or Units within the HOA if the membership votes to approve the amendment. CC&Rs create the community association and specify the organizations’ obligations to its members and the members’ obligations to the association. For instance, such documents may place restrictions on the use of the property, identify maintenance obligations for members and the association, and outline the mechanisms for enforcing the rules and handling disputes. Like bylaw amendments, modifications to the covenants, conditions, and restrictions require approval through a membership vote.

Updating Community Rules and Regulations

The rules and regulations in effect at the community level may also require modifications over time. Unlike the legal documents that establish the association and dictate the terms of its operation, community rules and regulations address issues more directly related to the day-to-day living and coexistence of members and residents.  Rules and regulation cannot be in conflict with either the Bylaws or CC&Rs, and must be reasonable. For example, an HOA with a community pool may require anyone under the age of 18-years-old to have adult supervision after 8 p.m. Updates to community rules and regulations may take place with a board vote and community member review, as opposed to needing approval from a membership majority.

What Our Clients Say

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

Construction Defect (NRS40) lawsuit. Eva Segerblom, Sandra and Darcy are Top Notch when it comes to investigation, expert witness, understanding of issues of construction defect and how to pursue a remedy. Possibly the Pre-eminent Law Firm in this highly technical area. I personally worked with them on 2 Construction Defect law Suits and the prevailed on both resulting in the Community and Homeowners receiving money to rememdy problems within this community. Because of their success and my belief in their professional abilities, I recommended them to another Community experiencing similar NRS40 issues………..again, they were successful. I highly recommend them.

Tom Gargus
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