Question:
After several articles in HOA’s, CC&R’s, rules & regulation’s, I’m more confused about changes.
Can a HOA Board make changes to the CC&R’s w/o community votes to make those changes?
Can a HOA Board make changes to the rules & regulations’s?
Where do the Bylaws fit in with voting or no voting by the community?
Are the CC&R’s the same as Bylaws?
Where we live, it seems like the community is being told the HOA Board can change whatever “they” want w/o needing a community vote!
Thank you
– Linda
Answer:
Hi Linda,
It is important to check your governing documents for guidance on these matters. Your bylaws and CC&Rs should be able to tell you when a vote from the membership is needed to make any amendments. Generally, though, boards need approval from the membership to amend the CC&Rs. For operating rules and regulations, the board can typically make changes or introduce new rules without a vote from the membership.
The CC&Rs and the bylaws are two different things. The CC&Rs, otherwise known as the Declaration of Covenants, Conditions, and Restrictions, primarily outlines the rights and obligations of the HOA and the homeowners. The bylaws have more to do with the procedures and structure of the association and the board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
