When is the vote of the association members required by changing rules in the association.the board of directors changed rules for the community without votes of homeowners. Is it lawful?

Please read your governing documents to determine what percentage of the membership is required to change/ amend/ alter/ adjust your governing documents. The percentages are different depending on whether the change is to:

  • the CC&Rs -- your private democracy's 'constitution', or
  • the By-laws -- your private democracy's business conduct rules

The board may clarify existing documents by way of a board resolution, and the board vote on a resolution is the only vote required. Board resolutions must be published to all members.

If you believe that your board has materially altered your CC&Rs or your By-laws without a vote of the membership, and your governing documents don't allow such a board-only-vote for an alteration, write a letter to the board quoting the section in your governing documents that you believe that the board violated.

In the letter, ask for a spot on the next board meeting agenda, and request a discussion that includes an explanation of the board for its vote. Finally, ask the board for a vote on their action, as to its legitimacy.

When you take this approach, the board's action and violation, if one occurred, and their vote to either uphold or revise their action, will be documented in the association minutes.