What are the legal requirements for amending HOA governing documents?
In California, there are specific legal requirements for amending homeowners association (HOA) governing documents. Generally, the amended documents must be approved by a majority of the members at a properly noticed and quorate HOA meeting. Members must receive notice at least 30 days beforehand and the amendment must be clearly discussed at the meeting. An amendment to the documents may be approved in writing if all of the members sign the agreement and it is properly recorded. In the case of Recorded Documents, the filing fee to amend must be paid and the amendment must be recorded with a county clerk. In addition, the HOA’s governing documents may specify other requirements that must be met before amending HOA governing documents. For example, the documents may require an affirmative vote from a majority of all members, not just those participating in a meeting; or a higher vote threshold, as long as it is not more than two-thirds. Finally, the California Civil Code provides that HOA governing documents may not be amended to significantly alter the proportional interests of members in their assessments or common areas. Furthermore, changes to documents that affect the rights of members must be reasonable and properly noticed. Failure to provide adequate notice or follow legal requirements can invalidate proposed amendments.
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