Can an HOA change rules without homeowner approval? – Perez Mayoral

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Generally speaking, an HOA can change some rules without unit owner or homeowner approvals, but it’s really limited. To find out what an HOA, or more specifically, what a board of an association can do, you’re going to want to look at the bylaws or the governing documents of that association. Typically, those governing documents are going to allow the board to implement rules and regulations. Typically, they’ll allow the board to do that with only a vote of the board, but every association is different. Your

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association may require a unit owner vote for any rule in regulation being changed or especially for a rule in the declaration being changed. It certainly will usually require a unit owner vote. One of the things we look out for is if an association’s board is trying to get around amending a declaration by uh creating a new rule and regulation. And that’s a lot of the work we do with rule enforcement issues like that. We try to determine is this something that needs to have been done via an amendment of

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the declaration that they illegally did by amending a rule. We will then, you know, alert the association that the rule is uninforceable and essentially force them to appeal the rule back. But the short answer is in limited circumstances and the HOA can change certain rules without even an owner vote. But you’re really going to want to scrutinize those circumstances because it’s pretty rare and typically those are not going to be huge changes that are implemented via just a board vote as

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opposed to a unit owner vote.