What It Takes To Make A Change To The CC&R’s In An HOA

The CC&R’s, or Covenants, Conditions, and Restrictions, define the responsibilities of the homeowners association and homeowners.  They’re the most important documents in the HOA, above the by-laws and the HOA rules, where only the law can override them.  This is why changing the CC&R’s normally ends up being such a lengthy process.  Summarized below are some considerations to make and the process to follow when making a change to the CC&R’s.

 

If the documents are not in line with the way you want to live as a community, it might be time to change them.  However, the change must be reasonable and it should be about a matter that affects the HOA as a whole.  The CC&R’s can also be changed when there’s been an alteration in government policy and the CC&R’s aren’t in line with it.

 

The services of an attorney might be needed to ensure the process is kept legal.  Ballots will also be printed for voting and if the association doesn’t have an HOA website, newsletters will be sent out beforehand to notify the homeowners of the proposed change.  An HOA needs to assess all the costs and time involved to accurately gauge whether or not they’re within affordable limits.

 

All board members and homeowners are notified of the change and a meeting is scheduled for them to discuss the matter together.  Then, a secret ballot is sent out and the proposed change is approved or denied based on a quorum.  If it’s approved, all HOA members are sent the new version of the CC&R’s and a downloadable copy is usually placed on the HOA website.

A change to the CC&R’s can be a long and exhausting process, but an HOA manager makes it all easier.  The manager typically bridges the gap, helping the board reach HOA members more efficiently and they help speed up the process while keeping costs low!