JanineS (Missouri)
Posts: 2
Posts: 2
Posted:
Can someone tell me if the HOA members vote for a by-law change can the change go in to effect asap. Or do you have to file it with the county first?
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change by law
Started by JanineS • 5 replies • 1820 views
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DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
Janine,
You did not specify what state your HOA is in so I will answer based on what I know here in Virginia:
There are several documents that govern an HOA. The CCR's (Covenants, Conditions and Restrictions) are typically filed with the county and can only be changed by (usually) a super-majority vote of association members. The CCR's typically define the process for changing the bylaws. The bylaws are at a subsidiary level below the CCR's. In our HOA the CCR's specify that the bylaws can be changed by a majority vote of the board of directors. No vote by the members is necessary nor is it necessary to file the bylaws with the county. Therefore, any bylaw change here is effective immediately upon the vote of the board.
You will need to review your CCR's to determine what the exact requirements are for changing the bylaws.
You did not specify what state your HOA is in so I will answer based on what I know here in Virginia:
There are several documents that govern an HOA. The CCR's (Covenants, Conditions and Restrictions) are typically filed with the county and can only be changed by (usually) a super-majority vote of association members. The CCR's typically define the process for changing the bylaws. The bylaws are at a subsidiary level below the CCR's. In our HOA the CCR's specify that the bylaws can be changed by a majority vote of the board of directors. No vote by the members is necessary nor is it necessary to file the bylaws with the county. Therefore, any bylaw change here is effective immediately upon the vote of the board.
You will need to review your CCR's to determine what the exact requirements are for changing the bylaws.
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
David:
You mean that in Virginia there's no law preventing that? That means the board has unlimited power. That's so wrong it's hard to believe.
Jeanne
You mean that in Virginia there's no law preventing that? That means the board has unlimited power. That's so wrong it's hard to believe.
Jeanne
DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
Janine,
The bylaws for our association cover many things that need to be changable by the board. For example, after the HOA was turned over to the homeowners from the developer the bylaws specified that all directors terms were one year. This was not a problem when the directors were all employees of the developer and didn't need to run for re-election. However, we felt that board continuity was important for stability and that overlapping terms were preferable. The first homeowner board members were all elected for a one year term. That board then voted to change the bylaws so that at the next election, the top 4 (of 7) vote getters would serve two year terms and the next 3 serve one year terms. After that election all subsequent terms would be 2 years.
Can you imagine how hard it would have been to get a 2/3 vote of all members to make this kind of necessary change?
There are no laws in Va. that control how bylaws can be changed.
The bylaws for our association cover many things that need to be changable by the board. For example, after the HOA was turned over to the homeowners from the developer the bylaws specified that all directors terms were one year. This was not a problem when the directors were all employees of the developer and didn't need to run for re-election. However, we felt that board continuity was important for stability and that overlapping terms were preferable. The first homeowner board members were all elected for a one year term. That board then voted to change the bylaws so that at the next election, the top 4 (of 7) vote getters would serve two year terms and the next 3 serve one year terms. After that election all subsequent terms would be 2 years.
Can you imagine how hard it would have been to get a 2/3 vote of all members to make this kind of necessary change?
There are no laws in Va. that control how bylaws can be changed.
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
Jeanne,
The amount needed to change bylaws vary. Even though David and I are both in VA, and must comply with VA laws, our Bylaws only require 51% of the votes cast to amend them. The process to amend them is within the Bylaws themselves. Our CC&Rs and Articles of Incorporate require 51% of the entire membership.
Tim
The amount needed to change bylaws vary. Even though David and I are both in VA, and must comply with VA laws, our Bylaws only require 51% of the votes cast to amend them. The process to amend them is within the Bylaws themselves. Our CC&Rs and Articles of Incorporate require 51% of the entire membership.
Tim
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
To expect immediate compliance especially if some may be in conflict is unreasonable.
Most time 30 -90 days is typical.
I doubt any court would expect such immediate compliance.
To be safe the assn. should give notice of the effective date to members regardless of such technicalities.
Having said that the only official document is the one on file with the county or other govt. body.
Most time 30 -90 days is typical.
I doubt any court would expect such immediate compliance.
To be safe the assn. should give notice of the effective date to members regardless of such technicalities.
Having said that the only official document is the one on file with the county or other govt. body.
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