What is the procedure for amending an HOA's governing documents?

Amending one’s homeowners association (HOA) governing documents is a two-step process. First, the amendment must be proposed. This can be done in different ways depending on the state in which the HOA is located. In California, the amendment must be proposed and discussed in an open meeting of the board of directors and members. The board of directors must specify the proposed amendment in a notice to the members. This notice must include a summary of the proposed amendment, a statement that members who wish to comment on the proposal may do so either in person at the meeting or by submitting written comments, and a statement that the proposed amendment may be amended at the meeting. Second, a vote must be held. The vote must include a majority of the members at the open meeting. If the amendment is approved by the majority of the members, it is then added to the governing documents. Amendments to the governing documents may not take effect before they are recorded at the county recorder’s office. Once recorded, the amendment is officially effective and binding on all members.

Related FAQs

What are the legal rights and responsibilities of HOA board members?
Does the HOA have the power to impose assessments?
What restrictions can an HOA impose on its members’ behavior?
What are the requirements for HOA bank accounts?
What is the role of an HOA attorney?
What is the procedure for petitioning an HOA board?
What is the process for filing a lawsuit against an HOA?
What are the remedies if an HOA breaches its fiduciary duty?
What is the required notice period for HOA meetings?
What is the process for initiating an HOA foreclosure?

Related Blog Posts

Navigating Common Homeowners Association Law Challenges - July 31, 2023
Understanding How Homeowners Association Law Affects Your Rights - August 7, 2023
Exploring Homeowners Association Law Implications for Construction Projects - August 14, 2023
Exploring the Pros and Cons of Homeowners Association Law - August 21, 2023
A Guide to Homeowners Association Law and Restrictions - August 28, 2023