Question:
Does the HOA have the right to change architectural guidelines without the consent of the homeowners? These guidelines were agreed upon when closing on the home and to be changed randomly years after seems unfair.
– Tim
Answer:
Hi Tim,
The first thing you should do is revisit your HOA’s governing documents. The CC&Rs and bylaws of your HOA usually state whether or not it can do this and the proper procedure of doing so. Most HOAs, however, typically have the ability to change any architecture-related guidelines or policies, even without homeowners allowing it. Your HOA can do so, as long as it sticks to the process explained in its coverning documents.
That said, “randomly” changing the guidelines isn’t how it should be done. The board should act in good faith, apply changes uniformly, and provide proper notice to the membership. In Nebraska, there’s no statewide law that specifically prevents an HOA from updating its guidelines, but transparency and homeowner input are always best practices.
Also, if the change is significant, like altering the type of exterior finishes allowed, or significantly restricting additions or improvements, some governing documents usually require a vote of the membership to approve those types of changes.
If you still question whether the board followed the correct process, you can request to review the minutes of the meeting when the architectural change was approved. You can review and cross-reference what happened to what your governing documents say about architectural control. Alternatively, it would also work well to attend the next board meeting and ask for clarification regarding the matter.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
