Every new year gives HOAs the opportunity to review and change their bylaws. Changes to outdated bylaws protect against legal risks and unnecessary disputes. Making changes now can help ensure HOA bylaws are current and prepare for the future needs of the community.
When reviewing HOA bylaws, here are five changes to consider making:
1. Enforcement policies and violation procedures
Current enforcement rules may need to be updated to provide clear and consistent procedures when handling violations. These rules can clarify timelines for notices and hearings, steps to documenting violations and fine and appeal processes.
2. Voting rules
HOA members should be aware of how critical voting is to board elections, community changes and yearly budgets. Bylaws may need to be updated to provide clarity to each board member’s voting rights and responsibilities.
3. Director qualifications and term limits
How long members can serve and who can serve on the HOA board can lead to leadership disputes. Updated bylaws can detail the eligibility requirements, term limits and conflict-of-interest standards. New bylaws may also need to set procedures to remove or replace directors.
4. Assessment collection and delinquency procedures
If bylaws do not clearly explain how assessments are collected and what happens when a homeowner falls behind, it can impact HOA budgets. Bylaws for assessment collections should clarify late fees, payment plan options, methods of communication for collections and legal actions against homeowners who fail to make payments.
5. Property modification guidelines and reviews
Unclear or outdated language for architectural changes, such as exterior modifications, landscaping and aesthetic rules, can lead to disputes. Bylaws may need to clarify acceptable alterations, timelines for review board decisions and how unapproved alterations are handled.
Before updating HOA bylaws, it may be important to reach out for professional legal help.