Can the Developer Amend the HOA Documents to Appoint the Board?

Question:

Our developer was to turn over the HOA to the homeowners after 7 years. That time occurs on 1 month. She recently created an amendment that she appoints the board for the next two years. Is that legal?

– Jayne

 

Answer:

Hi Jayne,

Generally speaking, the rules for amending HOA governing documents, such as the bylaws, should be outlined in those documents. It is important to review those documents and any applicable state laws to determine whether the amendment was legally adopted and if it adheres to the governing documents. If you have concerns about the amendment’s legality or validity, you may want to consult with a qualified attorney who can provide legal advice.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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