In a townhome or condo association, the Declaration of Covenants, Conditions & Restrictions (CC&Rs, or “Declaration”) typically is initially created by the developer of the association.
As the association evolves, though, it may be time to look at updating the CC&Rs. Perhaps a law has changed, or the way that people in the association want to live has changed. For instance, short-term rentals have been a hot topic that last couple of years – something that is wise to address.
Nonetheless, updating the CC&Rs can be quite the undertaking. An attorney knowledgeable about HOA law needs to be consulted, homeowners need to be informed of any proposed changes, a town hall-type meeting needs to be scheduled, and association members need to vote.
Here’s a look at the process to update your association’s CC&Rs:
- The HOA board either receives or initiates a proposal to change the CC&Rs.
- A meeting is scheduled to give homeowners an opportunity to weigh in on the topic.
- Homeowners are given the opportunity to vote by ballot.
- The change is either approved or not based on the percentage of members needed to approve the change, as outlined in the CC&Rs.
- All homeowners are issued a copy of the updated CC&Rs.
Throughout the process, it’s wise to engage a professional property management firm. The value a professional property management firm provides includes serving as a point of contact with homeowners, facilitating the voting process, and working with the attorney to ensure the CC&Rs are updated appropriately.