What is the process for amending an HOA's governing documents?
The process for amending an HOA’s governing documents in California generally involves a vote of the association members. First, the Board of Directors should develop and draft the proposed amendment. This proposed amendment should be sent to all members in the HOA in written or electronic format. The Board should also hold a meeting among all members to discuss the proposed amendment and answer any questions. After the discussion, a vote should be taken. In some states, a 2/3 majority vote is required; however, in California, state law requires a unanimous vote of all members to amend an HOA’s governing documents. If the amendment is approved by the members, the Board should review the amendment to ensure it does not conflict with any state or local laws. The Board can then finalize the amendment by adopting an amendment resolution. Lastly, the Board should record the amendment with the County Recorder. Once the amendment is recorded, it becomes part of the governing documents and applies to all members of the HOA. Amending an HOA’s governing documents can be a lengthy and complicated process. It is important to adhere to the state laws and ensure that all members of the HOA are well-informed before voting on the amendment. Following these steps correctly will ensure that the amendment is properly adopted and legally enforced.
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