The covenants, conditions and restrictions (CC&Rs) set up by a homeowners association (HOA) have a major impact on property owners. They have to sign this contract when joining the HOA, and they agree to restrictions that can affect land use, maintenance, upgrades, pet ownership and much more. A homeowner who violates the CC&Rs could be subject to financial fines and similar punishments.
But what if the HOA wants to change the CC&Rs? Are they allowed to do so? For instance, pets may have originally been allowed, but the rules may be amended to prohibit having dogs. Homeowners would be concerned about such a change, so is it within the HOA’s power to adjust?
A vote is often required
The HOA board often has limited power to change minor issues, such as some of the day-to-day regulations or rules. However, the contractual agreement needs to be changed by a vote. The board cannot simply make these changes on its own.
In many cases, a supermajority vote is required. At least 2/3 of the owners within the HOA need to agree. The board does not have the power to implement these changes without first getting the approval of those who live in the community.
That being said, if the vote passes and the CC&Rs are updated, those changes do apply to all homeowners, even those who may have voted against the change. This can sometimes lead to conflicts and disputes between homeowners associations and their members, and it is important for the organization to understand what legal steps can be taken.