When Do Amendments to the Bylaws Take Effect in NY?

Question:

Might it be possible to amend an hoa’s ByLaws (only permissible by members’ public vote at the hoa’s specified Annual Meeting, in September 2022, this year)–including the Annual Election–so that the election provision processes are changed, on the spot, at that very meeting, in September 2022…or, as I believe, the changes in the ByLaws–if passed–could only begin to take effect at the next Annual Meeting/Election, in September 2023…as for now, in 2022, the still current, in-effect ByLaw election provision processes would have to be followed?…Thank you

– Gary

 

Answer:

Hi Gary,

It is important to check the current provisions in your governing documents (bylaws and CC&Rs) to see the procedures for amendment, any notice requirements, and the terms of effectivity. Typically, they become effective when notice is given to the membership of the change, though this can vary depending on the specific language in your documents. If your documents allow for the amendment of the bylaws at a board meeting, then you may be able to amend them prior to your elections in September.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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