Can a Homeowners Association change rules and regulations without a majority of the homeowners’ consenting votes?
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Can a Homeowners Association change rules and regulations without a majority of the homeowners’ consenting votes?
Our HOA has changed rules concerning the use and storage of travel trailers on properties within our subdivision. The proposed changes were not sent to all homeowners for review and the rules were changed without a homeowners vote.The only people who voted on the changes were the 5 board members. The restrictive covenant that was issued to us when we bought the property has been changed and we need to know if the changes were made in a legal and binding manner.
Asked on December 13, 2010 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A Homeowner's Association is akin to a dictatorship of a country. They power that the board - the few - to change the lives of the homeowners - the many, is astounding. By law, a majority of the homeowners in an association have to approve any change in the bylaws. But many boards sidestep this by simply changing their house rules, which are as binding as bylaws but can usually be rewritten without asking all the homeowners. So what can you do? Raise a huge fuss and complain about the changes. The old saying that there is "strength in numbers" is also applicable here. Have all the homeowners raise a fuss. And maybe seek help from an attorney to oust the board if possible. Good luck to you.
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