There comes a time in every owner`s life when you realize that there are certain rules and regulations that you disagree with. But they are usually so small that it is normal to live with them anyway. “However,” Kass says, “the board of directors can impose reasonable restrictions. For example, council may require all landlords and tenants to sign an addendum to their lease stating that the tenant has received a copy of the corporation`s documents and agrees to comply with those documents. As a general rule, articles can only be amended through the voting process involving the board of directors elected by an owner`s association. When you study these documents, you can see the law you want to change in context. So that you can make an informed and convincing argument when you write a letter asking the board to change it. If you`re serious about making a change in your community, you should attend board meetings. You may find that the issue you want to address is already on the table.

If you succeed and the board agrees to change the restrictive rule or regulations, it will most likely issue a proposal with the details of the rule change to ensure that all owners of the unit are aware of the developments. Specify in plain language what rule change is. Anticipate if there are any steps you need to take to get approval. For example, suppose you want a rule that states that you can use email instead of paper letters for correspondence. You need to run a form or other mechanism to collect each owner`s email address. When questioning the rules and regulations of your condominium, remember that it took a lot of time and effort to create these rules so that they could not be changed overnight. It can take up to 3-6 months to change the rules, but if it`s something you`re passionate about, then you should go Don`t be shy to ask questions and most importantly; listen. It is possible that the rules and regulations you want to question are the result of a compromise between certain factions within the community. Once a regulation needs to be amended, a consensus must be maintained and a certain percentage of shareholders must agree on the change to make it official.

“Bylaws will determine the kind of consensus you need,” Garfinkel says. “In general, it`s a two-thirds majority. In cooperatives, voting can be done in two different ways: it can be based on the number of shares you own, or it can be based on the number of shareholders, but even this information will already be included in the articles of association. Your homeowners` association has three types of government documents: undertakings, conditions and restrictions (called “CC&R”), rules and regulations, and articles. Often, the function of these documents or the role that property management plays in their implementation can be confusing. After the meeting at which the board approves the proposed rule, it must send notice to the entire community with details. This must be completed within 15 days of the decision. Here is an example of an original message with the details added after approval. You can use it as a template for rule editing tips. At some point, almost all condominium corporations must review and amend their articles in a timely manner. It may be time for your condominium corporation to look at issues such as voting procedures or change the way it conducts special assessments. If the owners of the units complain about several of the laws set out in the document, this may be a sign that the board needs to revise the entire document.

This is a tedious and expensive process, so before you begin, it may be helpful to ask yourself a few questions first, such as: Write a letter to the condominium corporation`s board of directors stating what your reasons are for challenging the rules and regulations. Your municipality`s by-laws set out the structure of the day-to-day governance of your homeowners` association. This includes things like: If the board has decided to change a rule or create a new one, you`ll likely need to hire a lawyer. Declarations and articles of association are considered legal documents, and any changes to them must be reviewed by a lawyer. If the change is too complicated or detailed, we strongly recommend that you consult a lawyer. However, if the proposed change is minor, i.e.B. “no return to your parking”, the council may be able to waive legal assistance. In addition, a lawyer may report contradictions to current statements or regulations, as they replace everything in the rules. Here`s how to tell if your change is a rare case where you don`t need a lawyer. If you`re absolutely sure your new rule is this: your community`s rules and regulations are a catch-all for things that aren`t included in the statutes or CC&Rs. These are often the rules that need to be revised over time due to changes in the community. For example, an HOA may have a rule stating that no children are allowed in the community pool before noon.

This rule would not be part of the community`s CC&Rs as it may have to change seasonally or as more and more children move into the community. If several provisions of the by-laws are being considered for amendment, it may be time to look at the entire document rather than dealing with it on a piecemeal basis. According to attorney Robert Meisner, a member of the College of Community Association Lawyers and associate professor of community law at Michigan State University Law School and Cooley Law School, your board of directors should consider the time since the regulations were created and the number of laws that have been passed or amended since then. It also suggests that you ask the following questions before deciding to change your bylaws: The corporation may choose to hold a special vote on the matter to make the proposed change immediately. Other associations may postpone the final vote to the annual meeting. The Sun Sentinel recently reported that a Coconut Creek homeowners` association tried to ban children from playing on a field often used for makeshift football and soccer games. (Can HOAs prevent children from playing? – Sun Sentinel, Page 1 of the Silver section, 1/7/2012 ). Daniel Vasquez reported that the association claims to protect the community by trying to ban children from playing in a field adjacent to the community pool and playground.

He also said the association was temporarily withdrawing the ban until the February elections. Apparently, this is not an isolated case. Another association has actually proposed a rule prohibiting children from playing outside unless they are accompanied by an adult. In this Sun Sentinel article, the HOA at Edgewater called Persimmon Place actually intends to impose a $100 fine for such a violation. In addition, they want to ban the game of tag, skateboarding, big wheels, noisy or obnoxious toys. The real question in these cases is whether or not these issues fall within the governing power of the board of directors, or whether or not they should be voted on by the owners. Their association is in place to help all owners. If change is something the owners want and has a positive impact on the community, it`s probably achievable. Any rule, regulation, covenant, condition and law can be changed – it is simply the process required to bring about change. CC&R changes require a new submission to the state, so changes should be made sparingly and with the help of an experienced attorney. .