Is the board allowed to make changes to the HOA’s Rules and Regulations without unit owners being notified?
I realize they may need to be updated (everything becomes outdated) but can they change the documents then not inform us and issue a violations for something we never knew about?
Just doesn’t seem fair?
Most HOA boards don’t require approval from the membership to pass new or change existing operating rules. However, a majority of governing documents do require that any changes be communicated to the membership prior to passing the resolution. It’s best to check your governing documents for clarification.
That being said, when it comes to amending bylaws or the declaration (CC&Rs), boards do need to obtain a vote from the membership. For both planned communities and condominiums, Ohio law requires the consent of 75% of the owners. If the board fails to meet this requirement, the amendment is generally deemed unenforceable.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.