When an HOA board adopts a new rule that affects how owners use their property, the question often becomes whether a vote was required.
The answer depends on what changed and what the governing documents allow.
Start With the Declaration
Most associations operate under a recorded Declaration of Covenants, along with bylaws and board-adopted rules.
The Declaration typically governs substantive property rights and outlines amendment procedures, including required vote percentages.
Rules vs. Amendments
Boards usually have authority to adopt reasonable rules that interpret or implement existing restrictions.
However, creating new substantive restrictions or modifying recorded covenants generally requires following the amendment procedures set out in the Declaration.
Calling something a “policy” does not avoid amendment requirements if the effect is to change recorded rights.
What to Review
Owners concerned about a new rule should review the amendment provisions, compare the rule to existing restrictions, and examine the board’s authority language.
HOA disputes are document-driven. The governing documents control.
