Community associations across North Carolina often face significant challenges when attempting to amend their Declaration of Covenants, Conditions, and Restrictions (declaration). While the declaration is critical for maintaining community standards, amending the document can be a complex and arduous process, particularly when relying on a vote at a formal meeting. Read the article…………………………….
Ballot Season: Kiawah Island Community Association Members to Vote on Five Amendments (SC)
The Kiawah Island Community Association’s (KICA) annual membership vote will open on Monday, January 13 at noon and will remain open for one month. This year, KICA members are voting to elect two new members to represent their interests on the board of directors. They will vote to approve or deny five vital amendments to […]
Can HOA board bundle proposals for a vote and, if it fails, revote with old proxies? (FL)
Question: A group of fellow residents and I have two related issues, and we would appreciate your guidance. First, two months ago, our HOA board drafted three proposed amendments to our covenants. They enlisted the assistance of the HOA attorney to develop the language. The three amendments were presented to members in a meeting, with […]
Updating HOA agreements and regulations: Key limitations (CT)
Homeowners associations (HOAs) often need to update their governing documents to address changing community needs. A community may want to update outdated rules or adapt to new technologies. There may also be changes in state or federal laws that require adjustments. In these cases, an amendment to the HOA bylaws or declaration may be necessary. […]
765 ILCS 160/1-20: How to Amend the Declaration of an Illinois Common Interest Community Association
The declaration of an Illinois common interest community association governs the administration and functioning of a common interest community association. Common interest communities in Illinois are governed by the Illinois Common Interest Community Association Act. The Common Interest Community Association Act was enacted in 2010 and has undergone a few amendments since its inception. Many […]
A Step-by-Step Guide to Updating HOA Governing Documents (CA)
Changes to governing documents are needed as communities evolve. The original CC&Rs and Bylaws that were established when the property was first built may no longer apply to the homeowners who live there today. Read the article…………………………….
Lower Required Percentage For Approval of Declaration Amendments Is Now In Effect (MD)
During the 2024 Session, the Maryland General Assembly passed Senate Bill 665 and House Bill 1496, which changed the amendment process in Section 11-103(c) of the Maryland Condominium Act so, as to lower the percentage required for approval of an amendment from 80 percent to 66 -2/3 percent of the total eligible voters in the […]
When Should You Update Your HOA Governing Documents?
Many governing documents are established immediately after the community’s developer completes construction. Therefore, they follow a standard set of guidelines that are intended to protect the community even though the houses are still empty. As a result, governing documents can eventually become outdated when there’s no regular review. When a property fills with (and changes) […]
Amending Bylaws and House Rules: When & Why
A community’s governing documents, including its bylaws and house rules, are like a country’s constitution and laws. They are—or at least they should be—‘living’ documents that like our state and national laws and constitution, occasionally need review and amendment in order to remain relevant, meaningful, and respected. The question is how often, and how much? […]
Amending Your Planned Community’s Declaration (NC)
The most common question community associations in planned communities (i.e., single, family homes) pose is, “How can we amend our declaration?” Of course, this question includes many layers: (1) What is the proper procedure?; (2) What percentage of the membership must approve?; and (3) What challenges might an amendment face? Read the article…………………………….
Vista del Monte residents sign document to remove racist language from HOA contracts (AZ)
Monday, the signed documents will be taken to the Pima County Recorder’s office to officially remove the hateful language. Video news report……………………..
New AZ law gives homeowners power to remove old offensive language in HOA contracts
It is hard to believe but for nearly a century racially offensive language has remained in housing documents but on Friday that changed in Arizona. A new Arizona law went into affect Friday that now allows homeowners the power to remove old race based language in homeowner association agreements. Read the article…………………………….
Procedure to Amend CC&Rs to Remove Unlawful Restrictive Covenants (AZ)
A majority of the board can vote to amend the CC&Rs without a vote of the membership to remove unlawful provisions in the CC&Rs which violate fair housing laws. “Unlawful restriction” means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on […]
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 […]
Declaration Amendment Aids: Court Petition Process and Certified Mail Process (CO)
Amending a set of covenants/declarations is no easy task. Declaration amendments typically require approval from owners representing at least 67% of the total votes in the association. To make things worse, sometimes we also see requirements for first mortgagee approvals, which means the association must obtain approval from banks to whom owners issue their mortgage […]
765 ILCS/27: How to Amend an Illinois Condominium Declaration?
Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act. Read the article…………………………….
Making It Easier to Amend Governing Documents
Clients frequently ask how to amend their governing documents, and how to make the amendment process easier. There is one preliminary step I recommend, to help an association successfully amend their governing documents. First, I recommend a board look to the amendment provisions in the governing documents. Your declaration of condominium or declaration of covenants, […]
If Over Ten, Time to Amend: When to Update Governing Documents (CA)
The Board of Directors for homeowner associations (“HOAs”) often ask when they should update their governing documents. There are many factors to consider in answering that question, but the general rule of thumb is that HOAs should update their governing documents at least once every ten years for the reasons discussed below. Read the article…………………………….
Amending Your Governing Documents – Myth or Fact? (CO)
Although document amendments lead to desirable results, boards frequently refuse to utilize this tool based on commonly held preconceived notions and popular myths about the process. This article will focus on common misconceptions when it comes to document amendments and will provide you with the actual facts about this process, which apply to both pre […]
Judge halts vote on Apple Valley POA bylaws amendment (OH)
Knox County Common Pleas Judge Richard Wetzel halted the voting Monday on an Apple Valley Property Owner’s Association bylaws amendment relating to short-term rentals. The amendment restricts short-term rentals of less than six months. The POA planned to announce voting results at its June 22 annual meeting. Wetzel granted a 30-day temporary restraining order (TRO) […]
Four Steps to Amending HOA Covenants, Bylaws, and Rules
Homeowners’ associations evolve over time as the world around us changes. For example, a new law gets enacted (e.g., marijuana legalization), or new safety or communication needs arise. Sometimes in response, an HOA must create a new rule or amend a bylaw. Boards must know how to change HOA rules properly. You’ll want to be […]
Improper Amendments Are VERY Expensive
Earlier this year, I blogged on the case of Johnson v. Board of Directors of Forest Lakes Master Association, 454 P.3d 623 (2019) unpublished (Kansas) and explained how improperly passing and/or filing amendments can be VERY expensive. This is true in every state, and today we learn of another way that amendment errors can be […]
New Kansas law will allow homeowners to wipe away racist language from property deeds
Racially restrictive deeds and exclusionary covenants are still scattered across the Kansas City metro, embedded deep in the bylaws of homes associations and subdivisions’ rules, even though they can no longer be enforced. Now, property owners have a way to remove the language from the documents. Read the article…………………………….
Fixing Your HOA’s Governing Documents
Governing documents are often overlooked until an issue spotlights deficiencies. When this occurs, it’s often too late to amend the governing documents to correct the deficiency. HOAs should periodically review their governing documents to identify areas which may warrant an amendment. This is especially true for communities with older governing documents. Read the article…………………………….
Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC)
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…………………………….
What to Know About Amending HOA Bylaws
A homeowners association’s bylaws define how the community operates. Typically, these bylaws include stipulations for how many board members can serve at any given time, how often to hold board elections, meeting requirements, and the responsibilities and titles of each board member. 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 […]
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………………………..