A new bill in North Carolina is set to make changes for homeowners associations, specifically to limit declaration amendments. The bill, filed in early April, has yet to pass. Read the article………………………..
Proposed Bill Would Limit Declaration Amendments In HOAs (NC)
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How to Amend Your Illinois Condo Documents as Required Under the Illinois Condominium Property Act, 765 ILCS 605/18
There are many reasons why a condominium association may decide to amend its declaration or other governing instruments. For example, if the condominium association was recently transitioned to the unit owners from the developer, then an amendment may be to utilized to make sure that all of the protections for the association are included. This is especially true when the instruments may have been drafted to protect the developer to allow for ease in the sale of the units or if the instruments have conflicting or ambiguous provisions. Read the article………………………..
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Amending Your Governing Documents: Why, When, & How to Make Changes
In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary somewhat from community to community. Read the article………………………..
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Horrified by ‘whites-only’ language in their property deeds, Ladera residents worked hard to purge it (CA)
The property deed contained restrictions from an earlier era prohibiting anyone who wasn’t “Caucasian or white race” from owning or occupying land in the neighborhood. Although these types of covenants were outlawed in 1948 and are no longer enforceable, its presence on her property deed raised concerns about the origins of these racial restrictions and their possible hurtful impact on residents today. Read the article………………………..
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Resolutions and Amendments
You’ve all heard the terms Resolution and Amendment, but do you understand the differences between the two? These are two terms we hear often and refer to how boards make their decisions regarding their community. Read the article………………………..
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Will Meadowcrest residents vote for a gated community? (FL)
The 665 residents of Meadowcrest will be sent a survey later this summer asking them if they want to start the process to gate their Crystal River community. “If it comes back with the majority saying they’re not interested, that’s it – it’s over,” resident Dave Asher said. “But if 51 percent say they want it, we will go forward with it.” Read the article………………………..
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What to Know About Changing HOA Rules
Are you wondering about how to go about changes to homeowners association rules and regulations? Changing HOA rules involves a multi-step process. First, a proposal describing the desired changes is submitted and reviewed by the HOA board. Then, a meeting is held where homeowners can provide input. Afterward, a voting process requires a majority vote for approval. Read the article………………………..
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Simple Bylaw Amendments to Improve Community Operations (CO)
Outdated and burdensome provisions within the association’s bylaws can serve to hinder operations and needlessly increase administrative costs. For example, does your board conduct business via email? The association’s bylaws likely have a provision that sets forth the requirements for the board to make decisions outside of a board meeting (such as email) and it may require unanimous written approval from all directors. Inconsistencies concerning the association’s operational practices and the bylaw requirements can result in delayed board action, questioned authority, and increased expense to the community. Read the article………………………..
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What a Condo Association Should Know About Rule Changes (IL)
A condo association must occasionally change rules that are no longer working or introduce new rules to manage a new situation. It is normal and natural that the rules and procedures condo owners are subjected to may need to be updated from time to time. However, initiating those changes may be a process. A condo association cannot simply create new rules during a board meeting and have them take effect immediately. Read the article………………………..
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Contract; de jure homeowners’ association: Where a majority of homeowners in a townhouse community purported to amend the declaration (MD)
Where a majority of homeowners in a townhouse community purported to amend the declaration to retroactively approve prior alterations to units, but the authority to amend the declaration applied only to a homeowners’ association, and there was no homeowners’ association, the purported amendment was unenforceable. Read the article………………………..
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Tips for Amending Governing Documents (VA)
The governing documents of a community association include the recorded covenants (often called the declaration, deed of restrictions, CC&Rs, etc.), bylaws and, if the association is an incorporated entity, its articles of incorporation. The governing documents and applicable law, such as the Virginia property owners’ association, condominium and nonstock corporation acts, may also establish authority for the association to adopt, promulgate and enforce rules, regulations and policies to assist with governance of the association and its members. Read the article………………………..
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How Can An HOA Legally Amend Bylaws And Covenants
Now and then, a homeowners association will want or need to amend bylaws and covenants. Board members act as the leaders of the association. However, they don’t possess absolute power that would allow them to change the bylaws and covenants without going through the proper channels and procedures. Improperly enacted amendments are usually unenforceable. Read the article………………………..
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Think your owners’ association documents are amendment-proof? Think again (IN)
The number of common-interest communities governed by associations such as homeowners’ associations has exploded in recent years. These communities take many forms: from large, master-planned communities, to communities that share an amenity such as a lake, golf course or other physical feature, to a simple collection of lots or residences that join together to share expenses related to roads and other improvements, these association-led communities are everywhere. Read the article………………………..
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Mecosta County HOA uses new law to discharge racist language (MI)
Naomi Simpson, a home owners association board member for Young’s Lake Subdivision in Martiny Township, embarked on a journey to expunge the outdated and restrictive covenants that had plagued their community since 1947. Read the article………………………..
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Time to Give Your Governing Documents a Tune-up? (NY)
Like the family car, co-op and condo governing documents need periodic tune-ups if you want to avoid costly breakdowns in relations between boards and residents. The “mechanic” guiding these tune-ups will be the board’s attorney. Here’s a check list: Read the article…………………………
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Amending Your Governing Documents – Why, When, & How to Make Changes
In addition to their boards, common interest communities are governed by a set of foundational documents. In a condominium, those documents are the declaration and bylaws; co-ops also have bylaws, as well as a unique document called a proprietary lease. In addition, both condos and co-ops have a set of house rules that can vary somewhat from community to community. Read the article………………………………..
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Compliance with State and County Recording Requirements For Amendment Filings Is No Easy Task (OH)
When associations amend their governing documents, not only must the amendment be approved in the manner prescribed by the governing documents, but it must also comply with both State and County recording requirements. Counties often have additional requirements beyond those included in the State statute. If an amendment does not comply with all requirements, the County will refuse to record the amendment. Read the article…………………………….
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Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC)
The 2006 Court of Appeals case of Queens Grant II Horizontal Property Regime vs. Greenwood Development Corporation (368 S.C. 342) provides guidance for validity of amendments to the Declaration/Master Deed (Declaration) recorded by Developers/Declarants (Developer). Read the article…………………………….
The post Five Factors a Court Will Likely Consider to Determine Validity and Enforceability of Amendments Recorded by Developers (SC) first appeared on Community Associations Network.
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Updating Bylaws & House Rules: Keeping Pace With Tech & Culture
The governing documents of a condominium, cooperative, or homeowners association spell out the rules, regulations, and administrative policies that all residents and board members alike are obligated to follow as a condition of their residence. Read the article………………………..
The post Updating Bylaws & House Rules: Keeping Pace With Tech & Culture first appeared on Community Associations Network.
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Determining the Best Time (and Steps) to Update Governing Documents
Governing docs are the core of how an association operates. Keeping them up-to-date is crucial to ensure everything is clearly laid out and communicated to members. Long-time board members typically have a deep understanding of what goes into governing docs. However, for new board members and homeowners, it’s important to establish what they are, how often they’re updated, and the steps it takes to update them. Read the article………………………..
The post Determining the Best Time (and Steps) to Update Governing Documents first appeared on Community Associations Network.
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