Question:
My current HOA Board members/directors have made significate changes to the Bylaws and have created a new Fines and Penalties document (did not have one prior) that was not presented to the us home owners nor did we vote on them. Per the HOA President, “The power to amend the bylaws is cited in the amendment change. Article XIII states: These by-laws may be amended at a regular or special meeting of the Board of Directors. The board is not required to provide anything for review except what occurs in the yearly meeting. In the future all of the bylaws will be enforced in the subdivision.” Is this correct?
We have always been able to review and vote on changes.
– Antoinette
Answer:
Hi Antoinette,
According to the Indiana Homeowners Associations Act Section 32-25.5-3-9(2), the governing documents must contain a provision allowing owners to amend the governing documents provided that the consent of the homeowners has been obtained. If you live in a condo, the same is true for the Indiana Condominium Act Section 32-25-7-7(2). You may raise this with your HOA board. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
