Can An HOA Change Rules After Purchase?

Homeowners’ association (HOA) rules are designed to maintain a harmonious and well-functioning environment. However, as time passes, laws and community dynamics can change, and rules may need to follow suit.
So, can an HOA change rules after purchase? Yes. An HOA may be able to change the rules after you buy a house within the community. Read on to learn more about how this happens.
What is an HOA?
An HOA is a non-profit organization set up to help run, manage, and maintain a neighborhood, a building, or another collective of homes. An elected board of volunteers runs the HOA on behalf of all residents and in accordance with the governing documents. The governing documents are essentially the constitution, law, and regulations that explain how a community operates and is governed.
When you purchase a property that’s part of a community association, you automatically become a member of the association and become responsible for paying regular dues and following the rules in the governing documents.
What are HOA Rules?
HOA rules are enforceable requirements and restrictions that association residents must abide by. Rules help protect property values and provide a common framework for neighbors. Common rules include:
- Architectural controls
- Home maintenance standards
- Parking rules and guidelines
- Lawn and holiday decoration restrictions
- Noise complaint policies
LEARN MORE: “HOA Rules Guidebook: Everything Residents Need to Know”
Can an HOA Change Rules After Purchase?
In most cases, yes, your community’s rules aren't set in stone, and an HOA can change rules after purchase.
HOA laws, resident needs, and cultural aspects shift over time, and the board should ensure the rules align with the community’s current dynamics. As a result, the board often has the authority to adopt or modify community rules.
What Homeowners Can Do to Change HOA Rules
If residents aren't satisfied with a particular rule, they can call on the board of directors to re-examine it. To be most effective in changing a rule, take these steps:
- Know what rule you’d like to change and confirm your updated rule is reasonable, enforceable, and related to something that the association has authority over.
- Present your proposed amendment in writing with informed confidence to the board. The goal is to get board members to share your vision and work strategically to enact positive change.
- Allow the board time to digest and research the proposed rule modification.
- Keep the board accountable and follow up regularly to ensure the amendment remains top-of-mind and that they’re giving it serious consideration.
How a Board Officially Changes an HOA Rule (7 Steps)
A community’s board of directors is the only entity that has the authority to update the rules in the governing documents. And because the governing documents are legally binding, there’s usually a process a board must follow to make sure the change isn’t only beneficial and appropriate but also legal.
Here’s the process a board generally follows to change a rule:
1. Governing Documents Review
The board may review the documents to determine the proposed rule's eligibility and identify the process for enacting rule modifications.
2. Attorney ConsultAn experienced HOA lawyer helps the team navigate the amendment process, explains terminology, and guides how to proceed. Plus, they’ll guarantee the proposed changes comply with local, state, and federal laws.
3. Document RevisionWith the attorney’s direction, the changes are made to the governing documents. The changes must benefit the association and enhance the living experience.
4. ApprovalsAlthough board members are typically involved in the amendment process, some may not participate in the revision writing. Through a board meeting, members might present and discuss the amendments and confirm everyone is on the same page through an official motion.
5. Resident InvolvementA board usually walks residents through the changes at a board meeting, where they can gather feedback. Depending on the governing documents, a resident vote may be required to finalize certain amendments.
6. Amended Document AdoptionOnce the necessary parties approve the amendment, the association can officially make the changes.
7. Updated Documents DistributionIt’s part of the board’s duty to distribute a copy of the adopted amendment to association members.
LEARN MORE: “How to Change Official HOA Governing Documents”
What Can the Board Not Change?
Even though the board typically has the right to change the rules in the governing documents, there are some restrictions that are beyond its control. The board cannot modify:
- Federal laws. Introduced by members of Congress, federal laws then move through the House and Senate before going to the nation’s President.
- State and local laws. A state legislator drafts a bill that moves to the committee, then, if approved, to the chambers, and ultimately to the governor for final approval.
Although the board doesn’t have the power to change state and local laws, HOA board members and homeowners can advocate for their communities by contacting legislators to share their input and ensure decision-makers understand how proposals will affect their lifestyles. Visit, email, or invite legislators to a community meeting to get started.
What New HOA Members Must Know About Community Living
New community members always have questions about HOA rules, like can an HOA change rules after purchase? In short, yes. The board has authority to change the rules when the rules no longer serve the community. To learn the answers to more questions about HOA rules, read “A Beginner's Guide to HOAs.” In it, you’ll discover rules for board members, why HOAs have rules, and much more.
FAQs About Rule Changes in an HOA
Can an HOA legally change bylaws you came in with?
Yes, an HOA can generally change the bylaws when it deems appropriate. However, the HOA must follow due process and seek advice from an HOA attorney.
Can the HOA president make decisions without consulting others?
A board president is typically required to consult the entire board of directors before making any major decisions that impact the community. Generally, a rule change must be approved by a board majority. A president isn’t allowed to make a decision independently.
What are some examples of unreasonable HOA rules?
Unreasonable HOA rules may include banning service animals, restricting homeowners from flying the nation’s flag, and rules that discriminate against a certain group of people.
What are the signs of a dysfunctional HOA board?
The signs of a dysfunctional HOA board may include: 1. Mismanagement of funds, 2. Board bullying, 3. Excessive board resignations, 4. Selective enforcement of the rules.
