How to Legally Amend HOA Rules and Regulations
Can an HOA change its rules when they no longer work for the community? Often, yes. But changing a parking rule may involve different steps than amending the bylaws or the community’s covenants. Before making a change, the board needs to check which document contains the rule, what the governing documents allow, and what state law requires. Here’s how that process works.
Main Takeaways
- First, find out if the proposed change affects a community rule, the bylaws, or the CC&Rs.
- Check the HOA’s governing documents and state law to see who must approve the change.
- Give homeowners the required notice, document the decision, and share the final wording.
What Are HOA Rules and Regulations?
HOAs may have several types of governing documents. The declaration, often called the covenants, conditions, and restrictions (CC&Rs), sets out property rights and restrictions. Bylaws explain how the association operates, including board elections and meetings. The HOA may also have separate rules for day-to-day matters, such as using shared spaces.
These differences matter when the HOA wants to make a change. The board may be able to update a community rule, while amending the bylaws or declaration may require a homeowner vote. Philadelphia HOA managers, board members, and homeowners should first check which document contains the provision.
Here are some common topics covered by HOA governing documents or community rules.
Architectural Guidelines– These rules regulate the appearance and alterations of individual properties. Generally, they cover rules such as approved paint colors, landscaping requirements, and standards for renovations or home additions.- Parking Rules- These regulations may include restrictions on parking certain types of vehicles, such as RVs or commercial vehicles, in driveways or on the street in an HOA.
- Noise Restrictions- HOAs typically set designated quiet hours to maintain a peaceful environment for all residents.
- Pet Regulations- These rules may address the number or types of pets allowed and expectations for animal behavior in shared community spaces. However, HOAs must comply with applicable Fair Housing requirements, including considering reasonable accommodation requests involving assistance animals.
- Trash and Recycling Guidelines- HOAs generally have rules for waste disposal, including scheduled pickup days and proper storage of trash and recycling bins.
- Exterior Decorations- HOA CC&Rs may regulate the placement and types of decorations or holiday displays that can be seen from the street.
How to Amend HOA Rules and Regulations
An HOA can often change its governing documents or community rules, but the steps depend on what it wants to change. Start by finding the provision in the declaration, bylaws, or separate community rules. Then check that document and state law for the approval, notice, and voting requirements.
A change to the declaration may need a different vote than a change to the bylaws. The board may also have authority to update some community rules. Here are the steps to consider before making a change.
- Review the Governing Documents
- Draft the Proposed Change
- Check Who Must Approve It
- Give the Required Notice
- Hold a Meeting and Vote, If Required
- Record the Amendment, If Required
- Share the Final Change With Homeowners
Review Current Documents
First, look at your HOA’s current bylaws and CC&Rs. Are there any rules that need to be changed or aren’t covered in the governing documents? It’s important to consider older rules that may be outdated or potential rules that could add value to the community. Keep in mind that some states may have specific rules regarding how and when an HOA can amend its governing documents. HOAs should also ensure that new or amended rules comply with applicable Fair Housing laws and do not discriminate against residents based on protected characteristics.
Propose an Amendment
Write down exactly what the HOA wants to change. Include the current wording, if there is any, and the proposed wording. Explain why the change is needed and which document it would affect. This gives the board and homeowners something clear to review before anyone votes or approves it.
Meet to Discuss the Change
Once the HOA board receives a proposal, they should hold a meeting to discuss the amendment. If there’s no regularly scheduled meeting, the board should set up a special meeting to discuss the potential amendment. Follow the HOA’s meeting and notice requirements, and let homeowners know how they can give input on the proposed change.
Notify HOA Residents
Before the HOA takes action, give homeowners any notice required by state law and the governing documents. If the proposal needs a homeowner vote, the notice should explain what is changing and when the vote will take place. Check the required voting percentage before sending the notice; it may be higher than a simple majority.
Take a Vote and Review the Numbers
After discussing and reviewing the potential amendment, the association votes. If a homeowner vote is required, check the governing documents and state law for the voting process and the number of votes needed to pass. Record the result.
Approve or Reject the Amendment
If the amendment receives the required approval, document the result and complete any remaining steps before putting the change into effect. However, if it doesn’t pass, the HOA may need to review the feedback from homeowners and consider revising the proposal for a future vote.
Notify Residents of the Change
Once the amendment is approved, it’s important to notify all HOA residents of the change. Share the final wording and effective date after completing any required steps, such as recording an amendment to the declaration. Clear communication during this process helps ensure everyone is aware of the changes and can comply with them.
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Can an HOA Change Rules Without a Vote?
Sometimes. An HOA board may be able to change a community rule without a homeowner vote, depending on its governing documents and state law. Amending the bylaws or CC&Rs may require a different process.
Emergency or Temporary Rules – If an urgent issue comes up, check whether the governing documents and state law allow the board to adopt a temporary rule. Follow any required notice or approval steps.- Day-to-Day Rules – The board may be able to adjust rules for shared spaces, such as pool hours, without a homeowner vote. Check that the change falls within the board’s authority and does not conflict with the bylaws or CC&Rs.
FAQs About Amending HOA Rules and Regulations
HOA changes can raise questions, especially when the board and homeowners have different roles in the process. Here are a few answers to help you understand what happens next.
Can an HOA board change rules without a homeowner vote?
Sometimes. The board may have authority to change certain community rules, such as rules for shared spaces. Changes to the bylaws or CC&Rs often follow a different process and may need homeowner approval. Check the governing documents and state law first.
What is the difference between HOA rules, bylaws, and CC&Rs?
CC&Rs set out property restrictions and rights. Bylaws explain how the HOA operates, including meetings and board elections. Separate community rules often cover day-to-day matters, such as using shared spaces.
How many homeowners must vote to amend HOA bylaws?
The required vote depends on the type of community, applicable state law, and the HOA’s governing documents. Pennsylvania law establishes specific voting requirements for amending bylaws in planned communities, and the governing documents may impose additional requirements. Boards should review the applicable statute and their governing documents before conducting a vote.
When does an HOA amendment take effect?
That depends on what the HOA changed and the applicable law. In a Pennsylvania planned community, an amendment to the declaration takes effect only after it is recorded.
Manage Your HOA With BMG
HOA rules and governing documents may need to be updated as a community’s needs change. Following the proper process for amending HOA rules and regulations helps ensure everyone in the community is on the same page. This is one of the board’s major responsibilities!
If you need help managing your HOA community, look for professional management today. Bay Property Management Group has the expertise and experience to manage your community association properly. Contact us today to learn more about our HOA management services in Philadelphia.
