The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
Compliance with State and County Recording Requirements For Amendment Filings Is No Easy Task (OH)
When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the […]
Amending Your Governing Documents – Why, When, & How to Make Changes
In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary […]
Time to Give Your Governing Documents a Tune-up? (NY)
Like the family car, co-op and condo governing documents need periodic tune-ups if you want to avoid costly breakdowns in relations between boards and residents. The “mechanic” guiding these tune-ups will be the board’s attorney. Here’s a check list: Read the article…………………………
Mecosta County HOA uses new law to discharge racist language (MI)
Naomi Simpson, a home owners association board member for Young’s Lake Subdivision in Martiny Township, embarked on a journey to expunge the outdated and restrictive covenants that had plagued their community since 1947. Read the article………………………..
Think your owners’ association documents are amendment-proof? Think again (IN)
The number of common-interest communities governed by associations such as homeowners’ associations has exploded in recent years. These communities take many forms: from large, master-planned communities, to communities that share an amenity such as a lake, golf course or other physical feature, to a simple collection of lots or residences that join together to share […]
How Can An HOA Legally Amend Bylaws And Covenants
Now and then, a homeowners association will want or need to amend bylaws and covenants. Board members act as the leaders of the association. However, they don’t possess absolute power that would allow them to change the bylaws and covenants without going through the proper channels and procedures. Improperly enacted amendments are usually unenforceable. Read […]
Tips for Amending Governing Documents (VA)
The governing documents of a community association include the recorded covenants (often called the declaration, deed of restrictions, CC&Rs, etc.), bylaws and, if the association is an incorporated entity, its articles of incorporation. The governing documents and applicable law, such as the Virginia property owners’ association, condominium and nonstock corporation acts, may also establish authority […]
Contract; de jure homeowners’ association: Where a majority of homeowners in a townhouse community purported to amend the declaration (MD)
Where a majority of homeowners in a townhouse community purported to amend the declaration to retroactively approve prior alterations to units, but the authority to amend the declaration applied only to a homeowners’ association, and there was no homeowners’ association, the purported amendment was unenforceable. Read the article………………………..
What a Condo Association Should Know About Rule Changes (IL)
A condo association must occasionally change rules that are no longer working or introduce new rules to manage a new situation. It is normal and natural that the rules and procedures condo owners are subjected to may need to be updated from time to time. However, initiating those changes may be a process. A condo […]
Simple Bylaw Amendments to Improve Community Operations (CO)
Outdated and burdensome provisions within the association’s bylaws can serve to hinder operations and needlessly increase administrative costs. For example, does your board conduct business via email? The association’s bylaws likely have a provision that sets forth the requirements for the board to make decisions outside of a board meeting (such as email) and it […]
What to Know About Changing HOA Rules
Are you wondering about how to go about changes to homeowners association rules and regulations? Changing HOA rules involves a multi-step process. First, a proposal describing the desired changes is submitted and reviewed by the HOA board. Then, a meeting is held where homeowners can provide input. Afterward, a voting process requires a majority vote […]
Will Meadowcrest residents vote for a gated community? (FL)
The 665 residents of Meadowcrest will be sent a survey later this summer asking them if they want to start the process to gate their Crystal River community. “If it comes back with the majority saying they’re not interested, that’s it – it’s over,” resident Dave Asher said. “But if 51 percent say they want […]
Resolutions and Amendments
You’ve all heard the terms Resolution and Amendment, but do you understand the differences between the two? These are two terms we hear often and refer to how boards make their decisions regarding their community. Read the article………………………..
Horrified by ‘whites-only’ language in their property deeds, Ladera residents worked hard to purge it (CA)
The property deed contained restrictions from an earlier era prohibiting anyone who wasn’t “Caucasian or white race” from owning or occupying land in the neighborhood. Although these types of covenants were outlawed in 1948 and are no longer enforceable, its presence on her property deed raised concerns about the origins of these racial restrictions and […]
Amending Your Governing Documents: Why, When, & How to Make Changes
In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary […]
How to Amend Your Illinois Condo Documents as Required Under the Illinois Condominium Property Act, 765 ILCS 605/18
There are many reasons why a condominium association may decide to amend its declaration or other governing instruments. For example, if the condominium association was recently transitioned to the unit owners from the developer, then an amendment may be to utilized to make sure that all of the protections for the association are included. This […]
Proposed Bill Would Limit Declaration Amendments In HOAs (NC)
A new bill in North Carolina is set to make changes for homeowners associations, specifically to limit declaration amendments. The bill, filed in early April, has yet to pass. Read the article………………………..
Determining the Best Time (and Steps) to Update Governing Documents
Governing docs are the core of how an association operates. Keeping them up-to-date is crucial to ensure everything is clearly laid out and communicated to members. Long-time board members typically have a deep understanding of what goes into governing docs. However, for new board members and homeowners, it’s important to establish what they are, how […]
Updating Bylaws & House Rules: Keeping Pace With Tech & Culture
The governing documents of a condominium, cooperative, or homeowners association spell out the rules, regulations, and administrative policies that all residents and board members alike are obligated to follow as a condition of their residence. Read the article………………………..
Updating Your Association’s Governing Documents: An Overview (MN)
The decision to amend a community association’s governing documents begins with an understanding of the community association and its governing documents; progresses through the formulation of goals for any new documents, identified based on weaknesses in or issues with the existing governing documents; and ends with an understanding of the amendment process required to accomplish […]
Where to Find What and Tips on Amending Governing Documents
Community associations are controlled by a set of governing documents. The three main governing documents are the Declaration, the association’s Articles of Incorporation and its Bylaws. The governing documents relate to the community association in its dual role as a non-profit corporation and a community association (with restrictive covenants, conditions and easements controlling the real […]
Pasco HOA takes steps to curb rental growth (FL)
People who live in the Plantation Palms community recently amended their governing documents to include language meant to curb the growth of rental properties. Read the article………………………..
Top Declaration Amendments for an HOA or Condo in North Carolina & South Carolina
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities. Read the article………………………..
Top Declaration Amendments for an HOA or Condo in North Carolina & South Carolina – Part Two
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some amendments are a good idea for most communities. Read the article………………………..
Top Declaration Amendments for an HOA or Condo in North Carolina & South Carolina – Part Three
We are often asked by board members for HOA and condominium associations to review their community’s documents and “update” them or “make them more modern.” While there is no one-size fits all solution for any community association, we have noticed that some declaration amendments are a good idea for most communities. Read the article………………………..
4 Reasons Your Michigan Condominium Or Subdivision Association Should Update Its Governing Documents
Governing documents for Michigan community associations serve several functions. The foremost of these functions is to inform members and prospective members of the respective rights and obligations of membership in the association relative to the upkeep of the property and the operation of the community. Good documents serve these needs and enhance the marketability of […]
Kansas Association Votes to Amend HOA Voting Procedures
The Board of Directors of Forest Lakes Master Association sought to amend the HOA voting procedures set forth in the Association’s Declaration. The Board requested all members vote in person or by proxy at the meeting they called to consider the amendment. With concern that they would not get full participation, the Board also announced […]
HOA Homefront: Rules on changing the rules (CA)
Good community rules and regulations (called operating rules in Civil Code 4340) help set standards and encourage neighborly conduct. However, good rules also must be enforceable and associations must follow a prescribed rule amendment process. Because rules are amended only by the board, the law requires special procedures to alert members in advance when boards […]
Voting requirements cause frustration (FL)
Q: The condominium documents for my association require that 75% of all members must vote to approve any amendments. The association has trouble even getting a quorum of members to attend meetings. Can the association approve an amendment based on just the vote of those members voting, or send out the vote and state that […]
HOA Restrictive Covenants Impacts (NC)
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the types of animals that can be considered “household pets.” Read the entire article……………………………….
Kalway v. Calabria Ranch HOA, LLC (AZ)
On March 22, 2022, the Arizona Supreme Court issued the decision of Kalway v. Calabria Ranch HOA, case CV020-0152-PR. This decision severely restricts homeowners associations’ rights to amend their governing documents. The Court concluded that associations may only amend their governing documents where the original declaration gives sufficient notice of the possibility of a future […]
Amending CC&RS – Lessons From Kalway V. Calabria Ranch HOA (AZ)
On March 22, 2022, the Arizona Supreme Court issued a decision in the case of Maarten Kalway v. Calabria Ranch HOA, LLC et al., which addresses the ability of community association members to amend an association’s recorded declaration of covenants, conditions and restrictions (“CC&Rs”).Read the entire article……………………………….
New Appellate Decision Impacts Declaration Amendments (NC)
In a decision issued today (April 5, 2022), the North Carolina Court of Appeals makes potentially significant changes to how amendments to declarations are adopted. As a result, associations considering declaration amendments should consult their attorney to make certain the process meets the new standards for adoption. Read the entire article……………………………….
Arizona Supreme Court Rejects Unforeseeable HOA Amendments
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners’ association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions, and restrictions (“CC&Rs”) to place restrictions on landowners’ use of their land. The court ultimately held that general-amendment-power provisions may […]
How to Change HOA Governing Docs (CA)
Over the course of time, there are various factors that may elicit the need to update the governing documents of the HOA. These documents establish policies for the management and operation of the association. Taking on such a task of changing the legal terms that govern the association can feel daunting, but it doesn’t have […]
Thoughts on Bylaws: Individual Amendments, Bylaws Revisions, and Best Practices on Amending Bylaws (NC)
There are usually three main governing documents that most nonprofit corporations have today—corporate articles, bylaws, and board policy. The corporate articles (or “articles of incorporation” or “corporate charter”) are a legal document filed with the state and should have only statutory requirements, such as name of organization, address, service agent, etc. Read the entire article……………………………….
HOA Homefront: When can a board amend CCRs and bylaws? (CA)
CC&Rs and bylaws are governing documents that typically can be amended only by a vote of the HOA membership. However, there are some narrow circumstances under the Davis-Stirling Common Interest Development Act in which a board of directors is empowered by statute to make certain limited amendments to CC&Rs or bylaws. Read the Q&A………………………………….
Board decides how to present amendments (FL)
Q: My condominium association recently voted on several amendments to the condominium documents. They presented the amendments as one vote, either in favor of all of the changes or against all of the changes. Is this permissible? Shouldn’t we be allowed to vote on each change? Read the Q&A………………………………..
Appellate Decision Upholds a Developer’s Right to Object to an Amendment to the Declaration (FL)
Overview of First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n. A recent decision of the Third District Court of Appeal, First Equitable Realty III, Ltd. v. Grandview Palace Condo. Ass’n, 46 Fla. L. Weekly 2199 (Dist. 3d DCA 2021) determined certain rights a developer has to object to amendments to a condominium association’s […]
Amending to Take Advantage of the Law (CO)
Did you know that Colorado law provides associations, directors, and officers with certain rights and protections that may only be utilized if appropriate verbiage is contained in the governing documents? Below are four examples of such rights and protections that must be contained in an association’s governing documents for an association, its directors, and/or officers […]
How to amend HOA CC&Rs or bylaws in 4 (not so easy) steps (AZ)
Do you live in an HOA and want your neighborhood to be gated? What about short term rentals – do you want to expand their use or stop them in your neighborhood? What about more (or less board members) serving on the board for your HOA? Read the entire article……………………………….
Amending or adding condo and HOA rules
Condos and HOAs use rules to help support—and fill in the gaps of—the CC&R provisions. Rules regulate things like common areas and amenities, which aren’t included in the CC&Rs (for example, the CC&Rs don’t state the gym’s operating hours). Communities must make those kinds of rules. Read the entire article……………………………….
6 Steps for Reviewing and Revising Your Association Rules & Regulations (VA)
STEP 1 – The board of directors should establish an ad hoc committee on rules to periodically review and suggest changes (not make changes!). STEP 2 – Those suggestions would be reviewed by the association manager with comments being given to the committee and the board of directors. Read the entire article……………………………….
Commonly Requested Amendments (FL)
Many Florida Condominium Associations, particularly older Associations, do not have the ability to fine unit owners for their failure to comply with the Condominium Documents. This has become a problem for may Associations who have learned that the only real way, absent a fining provision, to enforce the regulations set forth in the Condominium Documents […]
How to Change HOA CC&R: The Exact Process
Is your HOA considering changing some of its CC&Rs? Are you looking for information on the exact process for amending the HOAs CC&R agreements? FACT: No HOA could exist without clearly defined covenants, conditions, and restrictions (CC&Rs). The declaration document guides almost every decision and initiative within the community, after all. But sometimes, various circumstances […]
Suit Against Boca Condo Association Spotlights Importance of Governing Document Amendments, Filings (FL)
A lawsuit that was recently filed against the Promenade at Boca Pointe Condominium Association highlights the importance of properly adopting changes to an association’s governing documents and recording them in the local court registry where the association is located. If the allegations in the lawsuit hold up in court, the association for the Boca-area community […]
Should HOA or Condo Bylaws Be Recorded? (NC)
We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. The answer, like many things community association related, depends. Read the entire article……………………………….
Time to Update Association Documents! (AZ)
Have your Association documents been amended in the past decade? If your answer to this question is “NO”, now is the time to act! Almost every year over the past two decades, the Arizona legislature passed new laws regarding HOAs and condos. It is very possible your association’s documents are in conflict with many of […]
HOA Homefront – Be ready when amending CC&Rs (CA)
Amending CC&Rs is not easy. Here are some tips to avoid making it harder. 1. Check with the members. Amending CC&Rs usually takes a supermajority (i.e., more than simply a majority of the quorum), so a good idea isn’t enough — it still needs widespread support. A great proposed amendment is meaningless if the homeowners […]