Question:
What are the specific requirements for changing ARC Design Guidelines to add, eliminate, or modify the board’s guidance in approving or denying proposed unit owner modifications to their property? Do such changes require a majority approval by all residents?
Is there a different set of requirements for changing other governing documents such as CC&Rs? Where in our Nevada Revised Statutes are these cited?
– Steve
Answer:
Hi Steve,
The governing documents may contain requirements for changing how much the board is involved in guiding or approving architectural design submissions. If the governing documents are silent, the board generally has the power to change how much they’re involved. This action may not require a membership vote unless stated in the governing documents.
However, do keep in mind that the changes should still comply with the provisions of the Nevada Uniform Common-Interest Ownership Act Section 116.2111.
If the governing documents specifically outline how much the board should be involved, making changes to this may require an amendment if the provisions are written the CC&Rs or bylaws. The Nevada Uniform Common-Interest Ownership Act Section 116.2117 contains guidelines for declaration amendments. The governing documents themselves may also outline amendment procedures.
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
