What is the procedure for amending an HOA's governing documents?
In Delaware, amending an HOA’s governing documents requires certain steps. First, the amendment must be proposed by the Board of Directors or a majority of the homeowners. If the proposed amendment is approved by the Board, they must draft the amendment in accordance to the By-laws of the HOA. They then must submit the amendment to be mailed or personally delivered to each lot owner at least thirty days before the meeting of members to be considered. After the amendment is sent out to all lot owners, the members of the Association can vote on the proposed amendment at the meeting. The amendment will then be adopted if it receives a two-third vote in favor from lot owners present at the meeting. This means two-thirds of those present and voting. If the vote is not two-thirds, the amendment is not adopted. Once the amendment is adopted, the Board will then record the amendment in the county’s Recorder of Deeds office and the amendment is legally binding. The amendment is also legally binding for all homeowners and members of the Association. In Delaware, the procedure for amending an HOA’s governing documents is an important and necessary step. It ensures that all lot owners are aware of and included in the decision-making process. It also confirms that the amendment is legally binding and enforced by the Recorder of Deeds.
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