Legal Considerations for Amending HOA Bylaws and CC&Rs
Homeowners associations (HOAs) are subject to various legal requirements and regulations, which often require amendments to the HOA bylaws and covenants, conditions, and restrictions (CC&Rs). Making an amendment is a long process that requires due diligence, transparency, and approval from the appropriate parties.
HOA bylaws are the governing rules for the HOA. These bylaws outline the procedures for conducting business, such as electing board members or amending existing regulations. The CC&Rs provide more detailed guidelines that regulate how owners can use their property within the community. These include restrictions on noise levels, parking regulations, pet policies, property improvements, and more. Both of these documents should be reviewed annually in order to ensure they are up-to-date with current legal requirements.
How to Amend HOA Bylaws & CC&Rs?
Amending an HOA’s bylaws or CC&Rs can be a lengthy process that must be completed in a certain order in order to remain compliant with state law. Here is an overview of the steps involved in amending your bylaws or CC&Rs:
- Draft amendment: This step involves drafting a proposed amendment based on research into local laws and ordinances as well as surveying residents about changes they would like to see implemented. It is important to have legal counsel review any potential amendment before it can move forward in the process.
- Provide notice of proposal: Once an amendment has been drafted, notice of its proposal must be sent out to all members of the HOA at least 30 days prior to voting on it at a board meeting. This provides members with sufficient time to review any proposed changes before deciding whether they approve of them.
- Board meeting approval: All proposed amendments must then receive approval from the board of directors. In most cases, the proposed amendment must be on the agenda and be open for discussion and questions from the community members present. Certain amendments may also require approval by a majority vote of homeowners.
- Notice to community: After an amendment has been approved, notice must then be provided to inform all members of the community of any changes that have been made so that everyone is aware of their rights regarding those new regulations. This step must be completed within 15 days of the approval.
The Importance of Having an Attorney Review Proposed Amendments
Having an attorney review any amendments to HOA bylaws and CC&Rs is important because these legal documents govern the operations of the HOA and the rights and obligations of its members. Making changes to these documents can have significant effects on the community and its members, so it is important to ensure that any amendments are legally sound and do not infringe on the rights of members.
An attorney can help ensure that the amendments comply with applicable state and federal laws and regulations, as well as the governing documents themselves. They can also identify potential issues that may arise from the proposed changes and provide guidance on how to address them.
Additionally, an attorney can help ensure that the amendment process adheres to the proper procedures outlined in the governing documents. Failure to follow these procedures can invalidate the amendments, leaving the HOA and its members vulnerable to legal challenges.
An Ocean City HOA Lawyer at Oliveri & Larsen Can Help Ensure Your Bylaws and CC&Rs Are Legally Compliant
Your HOA bylaws and CC&Rs determine how your board operates. To ensure your documents are drawn properly, speak with an Ocean City HOA lawyer at Oliveri & Larsen. Complete our online form or call us at 410-295-3000 to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.