Homeowners associations (HOA) use bylaws to make decisions, manage finances and interact with homeowners. Over time, these bylaws can become outdated. Changes in technology, growing communities and state and local law changes often require updates to HOA bylaws.
When reviewing HOA bylaws, it can help to consider a few possible changes. Here is what you should know:
1. Board member terms and responsibilities
How board members are elected, how long they serve and their responsibilities are crucial aspects of HOA bylaws. Current bylaws may be confusing and vague about how a new member may be elected or when a current member completes their term.
When updating this HOA bylaw, it is often important to consider the specific length of a term, election procedures and eligibility requirements. The bylaws can also specify the responsibilities of the president, treasurer, secretary and other roles. Changes to these bylaws can also help homeowners understand how the association is governed.
2. Online meetings and voting
The digital age offers many resources for HOAs. HOA bylaws may be updated to address online meetings and electronic voting. Virtual or hybrid meetings can allow members to be more present and involved in critical events. However, including virtual meetings and voting should also consider state laws that require homeowner participation and recordkeeping.
3. Enforcement and fines
Old HOA bylaws may not be clear about when and why a homeowner may receive a penalty. New bylaws can establish clear procedures for notifying homeowners of violations and options to respond to the notice during a hearing. Clearly defined language can help homeowners address violations and help ensure an HOA is following local laws.
Professional legal guidance can be beneficial when updating HOA bylaws.