Can an HOA modify its governing documents or bylaws?

Yes, an HOA can modify its governing documents or bylaws. This process is typically done through a member vote and approval. In California, the rules surrounding HOA governing documents amend of bylaws are outlined in the Davis-Stirling Common Interest Development Act. The first step in the process is to draft proposed amendments to the governing documents or bylaws. Once the amendments are finalized, the board must notify the members of the proposed changes in writing. After receiving notification, the members are given the opportunity to vote on the proposed amendments. A majority of the HOA’s voting interests are needed to approve the changes. If the proposed changes are approved, the board must then record the amendments with the county recorder of the county in which the development is located. This ensures that the amended documents are a part of the public record. It is important to note that some changes require the approval of the California Department of Real Estate prior to the amendment being valid. Amendments that amend the common area provisions, the recording of the declaration and resale certificates must all be approved by the department. In conclusion, an HOA can modify its governing documents or bylaws in California. This is done through a member vote and approval. Once the amendments are approved, the board must record the changes with the county recorder. Additionally, certain amendments require approval from the California Department of Real Estate prior to being valid.

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Can an HOA modify its governing documents or bylaws?

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