Steps to Take When Amending Your Association’s Governing Documents 

During the formation of a Florida condo association, CC&Rs, bylaws and other association documents are developed. But times change and often there are valid reasons to propose amendments to an HOA’s governing documents. If your association finds itself at such a crossroads, there are steps you’ll need to take. Here’s a guide for handling the important task of amending your association’s governing documents. 

Where to Start When Amending HOA Legal Documents

• First, review current documents – Before proposing changes, thoroughly review your existing governing documents. Not only is it imperative to understand current policies so you know what you want to change, but you also need to understand the procedure itself for making amendments.

• Identify necessary changes – Once you’ve reviewed your documents, detail the specific rules you want to amend. If you haven’t already, gather input on proposed changes. Be sure to have a solid “why” behind them and be able to clearly define changes.

• Consult your attorney – If you plan to amend an HOA document, seek counsel from an attorney experienced in Florida HOA law. They can guide you through the legal aspects of the process and ensure your proposed amendments comply with state laws and the existing governing documents.

• Draft the amendments – Again, work closely with your attorney to draft the proposed amendments. Ensure the language is clear, concise, and in line with the existing legal framework. Your notice of proposal should be sent 10-30 days before the next board meeting and should include the drafted proposed rule change, a description of the purpose, and any effects the rule change or new law may have. You should also tell property owners about any proposed CC&R amendments at this time.

• Secure board approval with a vote – Present the proposed amendments to the HOA board. Discuss the changes, address any concerns or questions the board members may have, and open the floor to also allow homeowners to ask questions. Then, hold a formal vote to approve the new rule or amendment.

• Notify the community and update records – Upon approval of the amendment, notice must be sent to the community detailing the changes. You must also update the association’s records and provide updated copies of the governing documents to homeowners, property managers and any relevant parties.

Amending governing documents should be done in close consultation with a community law attorney. If you have other questions or need help changing CC&Rs in your HOA, get in touch with our team at Dania Fernandez and Associates, P.A. today.