What is the process for amending an HOA's governing documents?
In Delaware, the process of amending an HOA’s governing documents is outlined in the Delaware Code of Civil Procedure. The steps involved in amending an HOA’s governing documents include 1) preparing the amendment; 2) submitting the amendment to the HOA board of directors for approval; 3) holding a meeting of the HOA members to consider the amendment; and 4) voting on the amendment. The first step in amending an HOA’s governing documents is to prepare the amendment. This involves making sure the amendment is properly worded and that it is in line with the existing documents. The amendment should also include a list of any other documents that will need to be revised if the amendment is accepted. Next, the amendment must be submitted to the HOA board of directors for approval. The board of directors is responsible for determining if the amendment is in line with the existing documents and whether it is in the best interests of the association. If the amendment is approved, it must then be presented to the HOA members for consideration. Finally, at a meeting of the HOA members, the amendment must be discussed and voted upon. For the amendment to pass, it must receive a two-thirds majority of the votes cast. If the amendment is passed, it is then binding on all members of the association and must be included in the HOA’s governing documents.
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