Email Mike Email
Residential Real Estate
May 18, 2016

How Do You Make Changes To Your Association’s Governing Documents?

Sponsored Content provided by Mike Stonestreet - Co-Owner/President, CAMS (Community Association Management Services)

Community and condominium associations are implemented by the developer of the community or condominium. For some associations, this can mean that they are governed by documents that may be quite old, outdated or not the right fit.
 
The good news is that the members of community and condominium associations can make changes to their declarations, covenants, bylaws, rules and regulations (commonly referred to as governing documents.) The members can amend, modify and revise various elements of their governing documents.
 
However, any changes must be done thoughtfully and with strong attention to proper procedure. To ensure that revisions are legally binding and also acceptable to the association members, it helps to understand how any association changes must be made.
 
First, understand community and condominium association terms. Be educated when reading governing documents to fully grasp how your association is governed.
 
Second, help owners understand that their membership began immediately on taking title to their properties and doesn’t end until they sell their properties. This means that all owners are invested in changes made as well as operations of the association.
 
Third, know the unique requirements of your association’s current governing documents. The declaration,s, covenants and bylaws will usually indicate within themselves how they are to be amended. Keep in mind, any amendments or changes cannot conflict with applicable federal or state laws governing associations. The board of directors typically has the authority to makes changes to the rules and regulations.
 
The declaration or covenants are the highest-level governing documents your association will possess. Changing declarations or covenants can take time and be expensive, but it can be worth doing. It is important to start by agreeing as an association why the covenants, conditions and restrictions (CC&Rs) should be changed. After that, it is highly likely that an attorney will need to be consulted and involved. An association manager, such as CAMS, can help your association make sure it is following protocol as well as facilitate all points of contact to allow the changes to occur smoothly and properly.
 
If your association is primarily interested in changing the amount of annual assessments, the membership usually ratifies a budget adopted by the board, rather than amending the governing documents. A meeting of the members will be called to ratify the budget. The budget is ratified unless the majority of all owners vote at an annual meeting or a special budget meeting not to approve the budget. A quorum does not have to be present at the meeting. Should the members not ratify the budget, the preceding year’s budget is used until a new budget is ratified.
 
For other changes, it helps to use the expertise of a professional management company, such as CAMS. With 25 years in the business, we can guide community and condominium associations through important and complicated changes to their governing documents.
 
And remember that the best way for owners to have input into their association, including ongoing decisions and any proposed changes, is to provide opportunities and encouragement to join the board of directors or a committee.
 
Any community or community association becomes a great community when the members are active and participate.   
Mike Stonestreet is a 28-year veteran of the professional HOA management industry who has achieved one of the highest education-based designations in the field, that of Professional Community Association Manager (PCAM). Community Association Management Services (CAMS) has been a leading association management company since its inception in 1991. CAMS is a trusted provider of management services for more than 265 associations throughout North Carolina, South Carolina and Georgia. To find out how CAMS can benefit your community, call (910) 256-2021, email [email protected], or visit www.CAMSmgt.com.

Other Posts from Mike Stonestreet

Cams300pxx250pxblockadjune2018[1]
Ico insights

INSIGHTS

SPONSORS' CONTENT
Tidewaterinvestmentco merrettemoore headshot

It Is Time To Hit The Road To Find Some Private Company Opportunities

Merrette Moore - Tidewater Investment Company
Dave sweyer 300 x 300

RENTAL PROPERTIES: TO FURNISH OR NOT TO FURNISH?

Dave Sweyer - Sweyer Property Management
Billcoleman lopw headshot

Reaping The Benefits Of Patience

Bill Coleman - Live Oak Private Wealth

Trending News

Restaurants, Retailers Among 192 Businesses Receiving Pandemic Relief Grants

Staff Reports - Sep 22, 2021

Mayfaire Announces Opening Dates For New Stores

Cece Nunn - Sep 21, 2021

More Than 51 Acres Sell In Leland

Cece Nunn - Sep 21, 2021

New Restaurant Opening Saturday In Ogden

Justin Pope Williams - Sep 22, 2021

Custom Builder Moves Into New Office After Repurposing Former Church Building

Cece Nunn - Sep 23, 2021

In The Current Issue

MADE Winners: Exporter Category

HSM Machine Works, Marpac Yogasleep and SOS Life Sciences Corp. were winners in the MADE Awards Exporter Category....


Spotlighting This Year's MADE Awards

Each year, a spotlight shines on manufacturers and makers in the Cape Fear region, revealing that the area is home to more made-in-Wilmingto...


Store Owners Share Basketful Of Hopes

Not only will it offer fresh, locally sourced meats, produce and dairy products, but the business will also have an open kitchen where baked...

Book On Business

The 2021 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

Trying to Grow a Business?
2020 Health Care Heroes
2020 WilmingtonBiz 100