Amending Your HOA Documents

Articles of Incorporation, Declaration of Covenants, Conditions, Restrictions and Reservation of Easements, and Bylaws

The process of completing amendments to homeowner association documents should begin with reviewing the section of the documents that will clearly define the process you will need to undertake. The following are helpful hints in preparing amendments to such documents:

Create the Committee: Draft a resolution creating an Ad-hoc Document Review Committee for the approval of the board of directors. The committee should include a representative of each standing committee and the general manager of the association.

Set a Timeline: It is important to define a timeline for completion. It is strongly recommended to follow a one-month time line, meeting once a week for two hours. It is important that the meetings be held on the same day, time and place. This will ensure focus on the task at hand.

Specify the Responsibility of the Ad-hoc Document Review Committee: The meetings will be productive if you assign sections of the documents to each committee member. The secretary of the committee will be the person through whom all information will filter so he/she may track the recommended changes. The chairperson of the committee will keep the committee on track and set the timeline for discussion on each section of the documents.

Involve the Association Attorney: Invite the association's attorney to the final Ad-hoc Document Review Committee meeting to review legal questions that the committee may have run across.

Distribute the Amended Documents: Mail or email the revised documents to all homeowners or publicize that homeowners may pick up copies of the documents via your in-house TV message board and/or your newsletter. You will want to allow association owners a 30-day review period.

Schedule a Public Hearing: You will want the Board of Directors to schedule a public hearing where the owners can make comments to the Ad-hoc Document Review Committee and the Board of Directors. This is important to make sure that all owners feel they are part of the process or at least given such an opportunity.

Review Owners' Comments: In a meeting of the Ad-hoc Document Review Committee, consider comments made at the public hearing and incorporate any revisions, as appropriate.

Adopt Amended Documents: Prepare a resolution for action by the Board of Directors adopting the amended documents or provide same for a vote of the association's membership if required under terms of the governing documents.

Disband Ad-hoc Document Review Committee: At a meeting of the Board of Directors, the board should publicly thank the committee for its hard work and a job well done.

Obtain Final Legal Review: Provide the final version of the revised documents to the association attorney for his/her review, instructing him/her to file the documents as amended with the appropriate governmental entity.

Distribute Copies of the Amended Documents: Once the documents have been filed and appropriately time-stamped, obtain copies of the amended and adopted documents. Mail these final documents to all homeowners or publicize that homeowners may pick up copies of the documents at the association office.

Experience has shown that the best results when amending association documents come from establishing a timetable, ensuring an open and inclusive process, and communicating results.