People are prone to change the law to suit their daily operations. Some laws may be changed due to circumstances that led to issues, while others may be revised to achieve prudent outcomes. Homeowners and the board of directors are also able to amend CC&Rs when they determine that the existing governing agreement rules are archaic or they don’t benefit the community as a whole.
Homeowners are introduced, for the first time, to an HOA’s CC&Rs when they purchase a house in a community managed by an HOA. These rules are imposed to ensure mutual coexistence between the HOAs and the homeowners. CC&Rs also ensure that HOA’s designs standards are upheld within the community. For instance, they can define the appearance of the home’s exterior.
If homeowners desire to break from some of the restrictions set in the CC&R document, the process requires massive support from other homeowners. While, it can be costly, as it requires professional services of an attorney, if you are a homeowner looking for the guide to change your HOA’s CC&R rules, the following will help you traverse the process without much hassle.
Identify Reasons to amend your HOA’s CC&R
Changing CC&Rs can be costly and time-consuming. Therefore, it is vital to identify a proper reason before beginning the amendment process. The primary motive to amend the governing rules can be reached through a forum discussion. The motives and aims should be focused on bettering the community as a whole and not benefitting one or a group of members in particular. Minor changes are expensive, and at times not worthy of time and cost of amendments.
Host Open Community Meetings
After identifying the problems, homeowners spokespersons or leaders can arrange for a series of discussion concerning CC&R amendments. The meetings should be scheduled at a time when a majority of the residents can attend, and important issues can be discussed to find solutions for the existing challenges, faced by the homeowners.
Collect Neighbors’ Signature
Before drafting a petition to amend you HOA’s CC&Rs, it is advisable homeowners to collect neighbors’ signature. A large number of signatures shows that a majority of the residents are in support of the said changes. Amending the CC&Rs requires a majority vote of a quorum set forth in the governing documents. Sometimes this is only a majority of the community and other times the governing documents state it can be much larger like 70% of the community for example.
Contact an Attorney
Homeowner representatives can seek the service of an attorney to ensure the entire process proceeds smoothly. Changing simple rules can trigger a disagreement between the HOA and homeowners. Additionally, homeowners seek attorney services to draft the law to avoid hiccups in the entire process and to legally record the amendment once passed.
Get Homeowners to Vote for the Amendment
Mobilize homeowners to vote on the due date. Ask homeowners to vote in favor of the amendment as it requires majority support to make such changes. Voters’ apathy is the greatest enemy of a CC&R amendment.
Overall, should the CC&R amendment be approved, ensure the amendment is recorded with the county recorder to become the new set guide. All homeowners are to be notified of the new changes as required by the law. If you are part of an HOA board of directors looking to amend HOA CC&Rs yourself, consider hiring our HOA management service company in Gilbert at City Property Management. We will help you navigate the intricacies and legalities of these changes.
