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The role of member voting in amending HOA covenants

On Behalf of | Sep 2, 2024 | Real Estate Law

Amending Homeowners’ Association (HOA) covenants is an important task that can shape the future governance and harmony of your community. If you are an HOA board considering such changes, it is essential to understand how member voting plays a crucial role.

The power of member voting

Covenants are like the community’s rulebook. Changing them is not something to take lightly because these are the rules everyone agreed to when they bought their homes. Member voting ensures that any changes reflect what most homeowners want, making the process fair and transparent.

Following the right procedure

To amend the covenants, you must follow a specific process, usually detailed in your HOA’s governing documents. Connecticut law and your HOA’s bylaws often require a certain number of members to participate in the vote and a supermajority (typically two-thirds or three-fourths) to agree to the changes. This high bar ensures that any amendments have strong support and are not just pushed through by a small group.

Getting homeowners involved early

It is crucial to get homeowners involved from the start. Explain the proposed modifications and what they mean through meetings, notices and open forums. This helps everyone understand what is happening and gives them a chance to voice their opinions. Being open and transparent builds trust and makes it more likely that you will attain the votes you need.

Staying within legal boundaries

Make sure your voting process follows state laws and your HOA’s rules. This includes giving proper notice of the vote, keeping accurate records and sticking to required timelines. Consulting with an experienced real estate lawyer can help you avoid mistakes that could invalidate the amendments.

It is a community effort

Member voting is key to making sure that any changes to your HOA covenants are fair and reflect the wishes of the community. Remember, transparent communication, community engagement and legal compliance will enable your board to effectively manage this crucial process, ensuring that any changes benefit all homeowners.