Can an HOA modify its governing documents or bylaws?

Yes, an HOA in Delaware can modify its governing documents or bylaws. This is done through a process known as amending the documents. The process typically requires a vote of the members of the association and must be done in accordance with the specific requirements outlined in the governing documents. For example, the governing documents may require a two-thirds majority vote of the membership to amend the documents. The governing documents themselves may outline the specific procedure that must be followed when amending the documents. For instance, the documents could require notice to all members at least 30 days before the vote, a quorum of members present at the meeting, and a written record of the vote. The governing documents should also provide limits on what types of amendments are allowed, as well as a timeline for the amendment to become effective. For instance, the documents may state that amendments cannot be passed to restrict the rights of members, or may require amendments to be approved by a certain date. When amending the documents, it is important to ensure that the amendment is consistent with any state or local laws that pertain to HOAs. Additionally, the amendments should be carefully reviewed by legal counsel to make sure there are no legal issues with the amendments. In conclusion, HOA in Delaware can modify their governing documents or bylaws. However, the process should be done in accordance with the procedures outlined in the documents, and should be reviewed by legal counsel to ensure compliance with any applicable laws.

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