Homeowners associations (HOAs) often need to update their governing documents to address changing community needs. A community may want to update outdated rules or adapt to new technologies. There may also be changes in state or federal laws that require adjustments.
In these cases, an amendment to the HOA bylaws or declaration may be necessary. However, in Connecticut, these changes must comply with the guidelines set by the Connecticut Common Interest Ownership Act (CIOA).
Understanding the CIOA’s impact
The CIOA sets rules for neighborhoods where people share common areas and services in Connecticut. This includes places like condo complexes, housing cooperatives and planned communities. CIOA sets up guidelines for:
- How to establish and organize HOAs
- The rights and responsibilities of both homeowners and associations
- Regulates how HOAs can amend their governing documents
- Standards for financial management and transparency
- Guidelines for resolving disputes within communities
When it comes to making amendments, the CIOA provides specific procedures that HOAs must follow. It ensures that changes to community rules are fair and transparent.
Potential restrictions on amendments
CIOA may limit certain types of changes to HOA rules and regulations, particularly those that:
- Significantly impact homeowner rights: For example, CIOA might not allow a new rule that severely limits how owners can use their property.
- Treat people unfairly: The law doesn’t allow rules that treat people differently based on race, religion or other personal characteristics.
- Go against other laws: HOAs can’t make rules that conflict with existing state or federal laws, like fair housing rules.
- Take away existing rights: Generally, a new rule can’t remove rights that homeowners had when they first bought their property.
HOAs need to balance community needs with individual homeowner rights. Rules and amendments must be “reasonable.” This means HOAs can make rules, but these rules should make sense for the community and not be too hard on homeowners.
For example, a rule asking homeowners to keep their lawns tidy might be reasonable. However, a rule telling homeowners what color curtains they can have in their windows may be going too far.
Understand the full picture
Before making changes to your HOA documents, it’s crucial to understand all the implications. Reach out to an attorney who can help ensure that the amendments are legally sound and serve your community’s best interests.