Question:
Can an HOA after fifteen years of existence change the original HOAS covenants? The established covenants were replaced with 33 items of change. The Board of directors did not notify my bank of these changes or me for that matter that this change was being proposed and passed. Supposedly the new rules are passed on to a new buyer at the time of closing. I think consideration should be given to the members of the HOA that don’t use, can’t afford, or have maintenance problems. I don’t think we were asked to give our proxy to them Cart Blanc.
– James
Answer:
An HOA may amend its declaration of covenants even after many years of existence. That said, there are certain procedures that the HOA must follow to amend its CC&Rs. As per Section 38-33.3-217 of the Colorado Revised Statutes, amendments “may be amended only by the affirmative vote or agreement of unit owners of units to which more than fifty percent of the votes in the association are allocated or any larger percentage, not to exceed sixty-seven percent, that the declaration specifies.”
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