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 […]
Thinking Of Amending Your HOA Documents? Here’s How (NC/SC)
In a recent “Ask the Experts” webinar, Attorneys Hope Carmichael and Nute Thompson of Jordan Price, PLLC, discussed some best practices for board members to employ when it becomes necessary to adopt rules or amend covenants/bylaws in their communities. In this article, we’ll discuss cultural trends and shifts that may require rule changes, the differences […]
Turning Bad Documents Into Good Ones (CO)
A community association’s governing documents – its Articles of Incorporation, Bylaws, and Declaration of Covenants – typically fall within three categories: the good, the bad, and the ugly. Take this quick self-test to determine where your documents fall: Read the entire article……………………………….
How to Change the Rules of Your HOA – Part 2
Earlier this week, we started a discussion on changing your community rules, starting with the very basics of reviewing the current laws and ensuring that the new rule you are considering is supported by most of your community homeowners or the board members. Continuing this week, we will discuss precisely how to start realizing those […]
HOA Lessons Learned – Case 2 Horse Trail
HOA governing documents typically can be amended, including to change how members may use the community property. However, it is critical to understand the process required to amend the documents effectively. In Washington state, an appellate case highlighted the need to clearly understand the precise language of the governing documents to make changes to them. […]
Top 3 Worst Collections Limitations You Should Delete From Your Governing Documents (CO)
Last week, we posted a blog about the Top 3 Best Collection Remedies You Should Have In Your Governing Documents. Unfortunately, there are often some limitations in many association’s governing documents that should be removed for more effective collections. Read the article………………………………..
Common Amendments for Community Associations in 2021 (CO)
In addition to state law such as the Colorado Common Interest Ownership Act (CCIOA) and the Colorado Revised Nonprofit Corporation Act (CRNCA), homeowner associations in Colorado are primarily governed by the association’s Articles of Incorporation, Bylaws, Declaration of Covenants, Plat Map, Design Guidelines, and Rules and Regulations. These documents are collectively commonly referred to as […]
Amending Governing Documents Part II – How? (FL)
In Part I of this two-part series, we discussed the importance of amending governing documents. Part II discusses tips on how a board of directors can put itself in the best position to have the proposed amendments approved by the membership. Read the article……………………………..
Amending Governing Documents – Part 1 – Why? (FL)
This article is Part I of a two-part series on the vital subject of amending community association governing documents. This article will focus on the common reasons why a community association should consider amending its governing documents. Part II will focus on how to amend governing documents. There are three common reasons why associations should […]
Amending Your HOA’s Governing Documents
Covenants, Conditions, and Restrictions are legal documents that lay out the responsibilities of an HOA and its members. These rules may be established by a neighborhood, homeowners association, builder, or developer. They may include restrictions on noise, home or garage paint colors, parking, and more. Read the article……………………………………..
Unenforceable HOA Terms and How to Avoid Them
As part of the annual review and revision of governing documents, it’s important that HOA boards avoid using terms that will make association rules unenforceable. Doing so can help simplify otherwise complicated and messy conflicts, and can even help avoid costly litigation should the affected homeowner choose to take the dispute to court. Read the […]
Updating Your Community Association Management Documents: Tips from Our Pros
Your HOA’s governing documents establish the procedural and practical standards for life in your association. They outline everything from when assessments should be paid, to how board meetings are run, to the approved paint colors for fences. Read the article…………………………………..
A Step-by-Step Approach to Amending and Restating Governing Documents (CA)
It seems as though the laws change as frequently as the tides. Some years see more legal changes than others – changes that greatly affect the way boards manage the association’s affairs. The laws governing community associations have experienced so much change within the past three to four years alone that it may make your […]
Amendment Procedures in Master/Sub Association Communities with Neighborhood Voting Representative (FL)
We start with a question that is asked by every licensed community association manager, every director elected to a board, and most of the members in any given condominium or homeowners association across the state – what does it take to amend our association’s governing documents? Read the article………………………..
How to Change Your HOA Bylaws
Community associations are legal entities governed by bylaws and codes, covenants, and restrictions (also known as CC&Rs), which are enforced by an elected board of directors. It is the board’s responsibility to conduct regular reviews of these regulations within their governing documents. Read the article…………………………….
Ruling Proves Community Associations Need to Revise Own Governing Documents (FL)
A ruling in May by Florida’s Third District Court of Appeal added to the growing string of decisions in recent years illustrating how an old and outdated provision in HOA and condominium association declarations is preventing some communities from collecting what they would be owed under the current state law from purchasers in foreclosure actions. […]
San Juan Island HOA Dispute Results in Epic Appellate Court Opinion (WA)
Twenty homeowners in a San Juan Island development spent the better part of a decade fighting (both literally and figuratively) over the meaning of a set of restrictive covenants governing the use of their land and a waterfront parcel, the boundaries between their lots and a waterfront parcel, the erection of a spite fence, and […]
Change in Law Authorizing New Procedures for Amending Governing Documents (MN)
On May 13, 2020, the Minnesota legislature unanimously voted to amend Minn. Stat. 515B.2-118 to authorize new procedures that communities can use when amending governing documents. Specifically, (1) an association can obtain ‘deemed’ approval to amendments from owners who do not vote or do not respond to a request for consent, and (2) where approval […]
What To Do Before Amending HOA Governing Documents (OH/KY)
All homeowners associations think about amending HOA governing documents every now and then. But, when done improperly, the process and its results can be disastrous. On the other hand, when done correctly, it can clarify vague provisions and reform outdated rules. Read the article………………………….
Amending Governing Documents (OR)
Amending your condominium or homeowners association governing documents is no easy chore. It can be a long and costly process, and even then, you may not receive enough votes to approve the amendments. The process of amending goes like this: Read the article…………………………
Keeping Up With Legislation: How do Changes in the Law Affect Your Governing Documents and When Should You Amend?
A board member in a small, close-knit community recently posed a question to me that I have heard many times in one form or another. He asked, if a local ordinance already bans an activity the HOA is trying to stop, is there any point to the HOA banning the same activity in their governing […]
What your condo board can and can’t do without homeowner approval
Q: I live in a townhouse community. Our association’s board of directors is redoing our declaration and bylaws without approval of the owners. They say they are just bringing the language up to date, so they don’t need the owners’ and mortgage holders’ approval. Read the Q&A…………………………..
What to do when residents want to change association bylaws (MO)
Running a homeowners association is not an easy thing to do. It is impossible to keep all residents happy all the time. In fact, some HOAs in Missouri may find themselves dealing with residents who want to change certain things, such as the bylaws. How can a situation like this be handled? Read the entire […]
Updating Your Documents: Is It Time for a Facelift? (NY)
The governing documents of a housing development—be it a cooperative, condominium, or homeowners association—spell out the rules, regulations, and policies that all unit owners or shareholders are obligated to follow as a condition of their residence. Read the article………………………….
Court gives Wiggle Room for Condo Declaration and Bylaw Amendments Done Incorrectly (NY)
Amending condominium declaration and bylaws can be difficult; particularly if boards are not guided properly. The original bylaws when the condo was conceived by the sponsor may be outdated, incorrect or need to be changed for a myriad of other reasons. If the board doesn’t do it correctly, the condo could get caught up in […]
Updating Your Documents: Is it Time for a Facelift?
The governing documents of a housing development—be it a cooperative, condominium, or homeowners association—spell out the rules, regulations, and policies that all unit owners or shareholders are obligated to follow as a condition of their residence. Read the article………………………
When And How To Make Changes To Your Association’s Governing Documents (NC)
At CAMS, we’ve seen through the years how positive — and necessary — change can be for homeowner’s associations (HOAs). Generally, we recommend every association do what we would call a governing document audit every 7 to 10 years just as a general rule because laws change, and it’s nice to have things clear for […]
Amendments to Condominium Bylaws Must Be Reasonable
Prior articles from this office have addressed the importance of the preparation and organization needed for a condominium trust or association to amend its condominium documents—i.e., the master deed and declaration of trust (or the bylaws that typically are included in the declaration of trust). But what happens when a carefully crafted amendment is approved […]
Is It Time to Amend Your Documents?
As the saying goes, change is the only constant in life. This fact, which is absolutely true, applies equally to Boards of Directors of community associations which are tasked with operating their communities consistently with the existing documents even if those documents no longer fit the needs of the community or no longer comply with […]
Top Amendments for an HOA or Condo in North Carolina & South Carolina – Part Three
In Part Three we look at amendments that restrict leasing of property. Part Three: Rental Restriction Amendments for Your HOA or Condominium Read the article……………………..
Ask a real estate pro: Can I challenge homeowners association rules on renting? (FL)
Q: My homeowners association changed the rules and added restrictions on renting. I rent and count on the income for my retirement. I want to know specifically what they did and if it is enforceable. What do I do? Read the Q&A………………………..
Quorum and Amendment Vote Different (FL)
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state that two-thirds of all owners must vote to approve amendments to our declaration. Is that legal? […]
No Time Limit to Record Amendments (FL)
Q: After the unit owners in a condominium association vote to approve an amendment, is there a time limit or deadline by which the amendment must be recorded with the county? Read the Q&A……………………
Voter Apathy Not a Required Showing in a Petition to Reduce Percentage of Affirmative Votes Required to Amend CC&Rs (CA)
Amending a HOA’s Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) can be a challenging endeavor. This is true, in large part, to the onerous approval requirements imposed by the CC&Rs themselves. Indeed, many CC&Rs require a super-majority (i.e., 67% or more) of the HOA’s members to approve an amendment. Such requirements make it difficult for […]
How do you increase participation to amend covenants? (FL)
Q: Our community documents require two-thirds of all owners to amend the covenants. This seems impossible considering our historical participation levels. Any recommendations on how to increase participation? Read the Q&A…………………………
Top 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. Over the next few articles, […]
Declarant Contracts, Including Easements, Can Be Voided (AZ)
Becker Boards Summit, LLC v. Summit at Copper Square Condominium Association – 2018 WL 6695279 ( 2018 Ariz.) Issues: The court in this case addressed two important issues: Can a Developer, before turnover, amend a Declaration to convert Common Element to Limited Common Element for the benefit of a Developer Unit? Can Developer contracts entered […]
HOA Voting Rules
There are certain rules and processes that must be followed when it comes to HOA elections. This will help you know a little bit of what to expect when election time comes around. An HOA must hold an election vote before taking any of the following actions: Read the article……………….
Top 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………………….
Myths of Document Amendments – Do You Have It Straight? (CO)
Although a large number of communities suffer from “our governing documents suck syndrome” many boards still refuse to move forward with amending or rewriting their communities’ governing documents. The refusal is most often based on fear, but fear of what? Fear of the process? Fear of the unknown? Fear of owners? It has been our […]
Changing Your Restrictive Covenants (NC)
The North Carolina Court of Appeals recently rendered an opinion reiterating that all amendments to the restrictive covenants (“CCRs”) governing a planned community must be reasonable. As background, the existing law is that amendments to the CCRs must be reasonable in light of the developer’s original intent for the subdivision. This rule arose in the […]
Can a Board of Trustees Amend Bylaws without a Vote of Unit Owners? (NJ)
The simple answer is yes – with two caveats. Community Association Board Members located In New Jersey may amend the association’s bylaws without a vote of the unit owners under two circumstances. Planned Real Estate Development Full Disclosure Act (PREDFDA) provisions apply to trustee elections and certain by-laws amendment procedures. This may be convenient for […]
A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws
Last year your neighbor Barney finally completed construction of his home on your street, Peaceful Loop, on the last unimproved lot in this modest 25-lot subdivision. The developer has assigned all rights reserved to it in the Declaration of Covenants, Conditions and Restrictions for Tranquility Acres (“Declaration”) to the Tranquility Acres Homeowners Association (“Association”), and […]
How Many Votes to Amend? (FL)
Many community associations want to amend their documents for various reasons such as they are out of date, over burdensome on the members, “need to be tweaked,” etc. But, when considering an amendment, how does a Board know what vote is required? Read the article……………..
What Percentage of Owners Must Approve a Rental Restriction in a Condominium? (WA)
For New Act condo associations (those created July 1, 1990 or later), state law requires that 90% of owners (and every affected owner) vote in in favor of a declaration amendment in order to pass a “restriction on use.” For Old Act condo associations, state law only requires that 60% of owners consent to any […]
Seven Essential Steps to Change Your HOA’s CC&R Agreements
Covenants, Conditions, and Restrictions are rulesets established by a neighborhood, homeowners association, builder, or developer. These legal documents explain the responsibilities of the Homeowner Association and its property owners. The CC&Rs are the highest-governing agreements of a community association; they should not be confused with the Bylaws, which explain how the homeowner association hearings are […]
Mountain Law: Colorado court of appeals clarifies aspects of amending restrictive covenants (CO)
Recent Colorado court decisions clarify aspects of amending the declaration of restrictive covenants in common interest communities (CICs). CICs, which include most condominiums and covenant-controlled subdivisions, are generally governed by a comprehensive statute known as the Colorado Common Interest Community Ownership Act (CCIOA) that went in effect in 1992. Vis-à-vis CICs created before 1992 (so-called […]
Court rules in favor of MI Condo Association related to amendment of bylaws, compliance with parliamentary procedure and director compensation related to website
Vidolich v Saline Northview Condominium Association, unpublished opinion of the Court of Appeals, issued December 5, 2017 (Docket No. No. 334579), involved a lengthy battle between Vidolich, a co-owner in the Northview Condominium, and the Saline Northview Condominium Association (the “Association”). Vidolich was a member of the Association’s board until he resigned over a procedural […]
Got Drafting Errors? Amend Your Governing Documents
The bylaws of a condominium are self-governing documents. They address how the board administers policies and oversees the maintenance and operation of the association. They also cover such things as board membership qualifications, meetings, and voting. The bylaws are generally considered to be rather straightforward, but once in a while you come across a set […]
Outdated Governing Documents Invite Lawsuits (NY)
Most co-ops in New York City were converted back in the 1980s, and that’s when their proprietary leases were written. This critical document outlines the relationship between the co-op as a landlord and the shareholder as the tenant, or lessee. It still amazes me how many co-op boards have not updated their ancient proprietary leases. […]