10 Steps for Amending Your HOA Documents
Outdated communication requirements, ambiguous or missing information, and vague developer declarant rights are all reasons to reexamine the governing documents in a homeowners' associaiton (HOA). Work with residents to review existing rules, identify areas that may need adjustment, and examine processes needed to make an amendment to the regulations that don’t hold value. What is an amendment? And what is the process for implementing them? Keep reading for answers.
What is an Amendment?
An amendment is any change, addition, or modification made to a legal document, such as a law, contract, or constitution. In an HOA, amendments allow boards to address how the community’s goals and priorities naturally change over time.
10 Steps for Amending Your HOA Documents
Amending the rules and regulations of an HOA isn't a hard process, but certain steps must be followed to comply with laws that already exist and ensure that the amendment is properly implemented within a community. Do the following as you prepare to change any rule:
1. Create a committee.
The best way to effectively accomplish everything needed to amend governing documents is to create an ad-hoc Document Review Committee. This committee will focus on writing a resolution, the proposed amendments to the documents at hand, which will ultimately need board approval. The committee should include a representative of each standing committee and the general manager of the association.
2. Set a timeline.
Because it’s so overwhelming, the task can easily be pushed aside or dragged out for months. To prevent this from happening, you should define a timeline for completion. Try to follow a one-month timeline, meeting on the same day and time once a week for two hours. Though it may be a lot to ask of the committee members, this will ensure focus on the task.
3. Specify the responsibility of the committee.
Evenly distribute the workload among all committee members, assigning each person sections of the documents to review and draft proposed amendments. Make sure the committee assigns a chairperson and secretary, as these positions will hold special roles. All of the information gathered from the document review should filter through the secretary, who will be responsible for tracking all recommended changes. The chairperson of the committee will keep the committee on track and set the timeline for discussion on each section of the documents.
Read More: The Complete Guide to Community Association Committees
4. Involve the association attorney.
Some legally binding documents, like the Covenants, Conditions & Restrictions (CC&Rs), will require legal oversight to amend. Allow the association’s attorney to:
- Review the documents alongside the committee
- Approve all changes
- Attend a committee meeting to answer questions
- Provide guidance on the proposed amendments
5. Distribute the amended documents.
It’s always a good idea to give homeowners a fair amount of time to review proposed changes to the rules and regulations they’re required to live by. Mail or email the revised document to all homeowners, give them ample time to review, and let them know they’ll have an opportunity to provide feedback at a public hearing.
6. Schedule a virtual public hearing.
The board should schedule a virtual public hearing where homeowners can voice their opinions, ask questions, or share their concerns. It’s important to make sure that all residents feel they are part of the process or given such an opportunity.
Related: How to Improve Board Communication
7. Review and implement homeowner feedback.
In a committee meeting, consider comments made at the public hearing and incorporate any revisions as appropriate.
8. Adopt amended documents.
Your governing documents will outline the last step for adopting amended documents. Prepare a resolution for action by the board or a vote of the association’s membership.
9. Obtain a final legal review.
Provide the final version of the revised documents to the association attorney for their review, instructing them to file the documents as amended with the appropriate governmental entities.
10. Distribute the newly amended documents.
Once the documents have been filed and appropriately vetted, make sure to share them with homeowners as soon as possible. Lastly, disband the committee.
Though amending HOA documents can be a lengthy, strenuous process, seeing the difference these updates make in your community makes it worth it. Homeowners feel valued, and board members are more willing to tackle additional changes in the future.
HOA Amendments and Rules
"What is an amendment?" is a question that all HOA board members must be able to answer. Once they understand amendments, boards will be able to change their rules appropriately and distribute them to residents. Residents must able to understand the rules in their communities and any changes made to them. In our ebook "HOA Rules Guidebook: Everything Residents Need to Know", we break down the most common HOA rules.
What is an Amendment? FAQs
What is the simple definition of amendment?
An amendment is any change, addition, or modification made to a legal document, such as a law, contract, or constitution.
What are examples of amendment?
The most popular amendments are in the Bill of Rights in the U.S. Constitution, but any change to an existing rule is an amendment.
How to amend HOA bylaws?
To amend bylaws in an HOA, create a committee dedicated to properly crafting the rule change, consult with your association's attorney and HOA residents, then vote on the proposed amendment.
What is the difference between a resolution and an amendment in an HOA?
In an HOA, an amendment changes the HOA's governing documents, typically thorugh a vote. A resolution is a board decision that implements rules or clarifies existing documents.