Community associations are legal entities governed by bylaws and codes, covenants, and restrictions (also known as CC&Rs), which are enforced past an elected board of directors. It is the board's responsibleness to conduct regular reviews of these regulations within their governing documents.


In doing so, and with time, certain bylaws or CC&Rs may become obsolete or irrelevant and need revising in order to best benefit the association and its members.

Why are Revisions Needed?

A lath may accept several motives when considering amending bylaws and CC&Rs, but should simply undertake the process for legal and rational reasons. Primarily, revisions are made to stay in compliance with any changes in land constabulary. Alternatively, a board may demand to consider amendments when a majority of property owners vocalization specific needs or requests.

Altering governing documents is no easy task! The process can exist a lengthy and financially taxing process, and should be carried out but subsequently careful consideration by the board.

A comprehensive procedure for making amendments should include the following actions by the board:

  1. Proposal – The board receives a proposal outlining the desired amendments.
  2. Coming together – Homeowners and board members are given the opportunity to confer and offer input about the proposed changes.
  3. Vote – Homeowners are given the opportunity to vote anonymously either for or confronting the amendments. CC&Rs volition determine the percentage needed to corroborate the proposal.
  4. Approving – The amended version of the CC&Rs and/or bylaws should be sent to all HOA members.
  5. Record – The amendment is recorded with the County Recorder as required.

Tip – Seek Professional person Help

Hiring legal counsel may be one of the greater expenses associated with the amendment process, but it'south also 1 of the nearly of import. A professional attorney tin can be invaluable in helping the board understand and follow the land's legal processes and avert potential conflicts within the community.

Board officers should have their counsel read through the proposed amendments and provide feedback on the best course moving frontward.

An HOA manager tin also be a vital resource in facilitating the necessary communication betwixt the board and homeowners. This may include facilitating the distribution of ballots and communicating with homeowners to field their questions and concerns.