Question:
What is the process to revise sections of our HOA Bylaws and Covenants?
May the board carry out the entire process (voting, counting votes, recording the change(s), etc., and at what point is an attorney required? We already have the legalese prepared (by an attorney). Thanks.
– Shannon
Answer:
Hi Shannon,
Tennessee currently does not have a dedicated Homeowners Associations Act. That being said, your CC&Rs and bylaws themselves should contain the exact procedure on how you can amend these documents. For condominiums, the Tennessee Condominium Act of 2008 Section 66-27-317 tackles amendments to the declaration. Subsection (a) states:
“(a) Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310, the association under § 66-27-207, § 66-27-306(d), § 66-27-308(c), § 66-27-312(a), or § 66-27-313, or certain unit owners under § 66-27-308(b), § 66-27-312(a), § 66-27-313(b), or § 66-27-318(b), and except as limited by subsections (d) or (e) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.”
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
