Whether it’s behind the times, outwardly hindering, or just not relevant anymore, there will come a time when a rule in an HOA needs to be changed.
Though it’d be nice for HOA management to simply snap their fingers and make everyone’s lives easier by ridding the regulations of it, to get a rule removed or edited requires a little more legwork than that; making sure a change is really the right choice and staying within your legal parameters is paramount.
Though pivoting and adopting new HOA MOs is definitely a process, Gassen, Eden Prairie provider of property management services, accounting management services, and more, is here to help you make it as smooth as possible.
Consult State Laws, Your Bylaws and Their Cousins
Besides making sure your board is operating within state-specific rule-changing boundaries, your HOA most likely has three governing documents that you’ll need to pay attention to: The Declaration, the Bylaws, and the Rules and Regulations. Their authority is frequently in that respective order; thus, the Declaration and Bylaws are generally slightly harder for the board members to change and may require a neighborhood vote.
These documents will give you a step-by-step rule-changing process, making matter simpler. Anyone who is looking to change how their HOA operates should start there.
The Legal Side of Rule Changing
That aside, it’s also important that community members and the board follow the pre-written rule-changing process and requirements your HOA has outlined. Not doing so can have serious repercussions, as HOA documents are legally binding.
If your HOA gets stuck in a rule-changing rut, hiring an attorney can be a wise move.
Understanding a Rule’s Function
Before going through all the trouble of rule changing, which can sometimes require something as extensive as a community’s two-thirds majority vote, it is helpful to think a bit about what the rule does for your community.
Asking yourself the following will help you decide if the rule needs to go, if it simply needs rewording, or if it’s fine the way it is.
● Does the rule in question actively contribute to a high quality of neighborhood life? Does it actively harm it? Neither?
● Is it unnecessarily exclusionary?
● How many residents can actually understand the rule? Has it been subject to accidental violations in the past?
● Is the rule relevant to the HOA’s current economic situation?
● Would the rule be more fairly practiced if better technology, such as online property management services, was used to communicate it?
Contact Gassen for High-Quality HOA Help
Our Eden Prairie team brings you the best of local property management: care, attentiveness, expertise, and that specific brand of Minnesota niceness that can make anyone’s day a little brighter. If your community needs the help of the HOA experts, give us a call at 952-922-5575.