The rules of your HOA will shape how the community functions, what actions can be taken, and the overall lifestyle and happiness of your neighborhood. It’s important to have the right guidelines, regulations, and CC&Rs in place. If your HOA board is considering changing or adding rules, we’ve outlined where you should start.
1. Know the State Laws
Each state has varying laws on what associations can and cannot regulate. The laws generally make sure that certain rights and responsibilities are not infringed on. Familiarize yourself with the Texas state laws, and make a note of any of your HOA’s current rules that do not meet those laws, as they’ll need to be changed to be enforceable.
2. Make a Plan and Inform Homeowners
Every HOA has governing documents that outline how changes or new rules can be added to the CC&Rs. Be sure that you’re following protocols and informing residents of the rule change, so they have time to give feedback, ask questions, and ensure it’s the best thing for the whole community.
3. HOA Board Meets and Residents Vote
When an official proposal has been created to change or add rules, the HOA board will meet to discuss the amendment. They will discuss all of the benefits, consequences, and purposes for the rule change. If the rule doesn’t infringe on any rights or current bylaws and it’s deemed acceptable, the community will vote on if it should be added to the bylaws. Every homeowner’s vote counts and your governing documents will outline what majority of voters you’ll need to have in order to enact the rule.
4. Update Documents
If the rule is passed, the HOA board will need to update all community documents. Adapt the bylaws and CC&Rs to meet the new requirements. Be sure that the changes are clearly understood and written in a legally binding way for homeowners. (You may want to have your association lawyer present to approve the changes.) When the documents have been updated, send a new copy to all homeowners.
5. Send to County Recorder’s Office
Register the changes with the county recorder’s office in order to make sure that all of the rules are enforceable.
As your community evolves, it’s important that the bylaws, rules, and regulations evolve with it, so be sure to know how to change HOA rules as needed. If your association is in need of advice or in need of help completing day-to-day tasks, contact Prism Realty Management. Give us a call at 512-676-5842 — we’d be happy to talk to you about who we are, the services we offer, and our process.