Question:
My question: The HOA I live in is using “policies” for all changes rather than meetings, votes, etc. Is this a legitimate way to transact business in a HOA?
At least two of the new laws they tried to do institute in this way were major changes in my opinion. One was to have me make a contractor sign an outside change agreement for inside work. There are no laws on inside work that I am aware of and no form for this existed, but was in the works. The second was to make any and all changes inside, new appliances included, a regulation. Both changes were by using policy change by the board only.
I did do some searching online and found some HOAs do use policies, but it seems to me that is just a way to get around doing things the right way. In our laws it does have a statement on amendments that is similar to making a new law.
I am not presently a board member. There are also many, many other problems here. Any information you could send would be appreciated.
Thank you
– Anne
Answer:
Hi Anne,
Kindly check the governing documents to verify what kinds of rules require amendments. Major rule additions and changes may require an amendment whereas additional policies and board resolutions may be sufficient for minor rules. However, what is considered major and minor may be subject to interpretation or defined by the governing documents.
Regardless, the policies introduced must not go against the governing documents. You may verify whether the new policies conflict with or abide by the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
