Is a Bylaw Amendment Valid If There Was No Vote?

Hi Mark,

In Arkansas, an amendment to a condominium or HOA bylaw is generally not valid unless it has been properly adopted in accordance with the governing documents. Typically, the governing documents specify the process for amending bylaws, including the percentage of votes required for approval and the recording of the amendment in meeting minutes. If there is no record of a vote being conducted or the amendment receiving the necessary approval, its validity could be challenged.

To resolve this, start by reviewing the association’s governing documents to understand the amendment process and voting requirements. Then, request official records, such as meeting minutes or resolutions, to confirm whether the amendment was discussed and approved in accordance with those requirements. If no evidence of a valid vote exists, you may bring the issue to the board’s attention in writing and request clarification. If the board does not provide satisfactory proof, consider consulting a legal expert for assistance.