Many of the laws that govern our nation are centuries old—but that doesn’t mean they’re impervious to revision or to change. On the contrary, our democratic system leaves plenty of room for new laws to be passed and for older ones to be either amended or revoked altogether.
This is a good thing, because rules stemming from the 1700s aren’t necessarily applicable in today’s world; moreover, the ability to change our laws has led to such democratic breakthroughs as voting rights for women, among many, many others.
Your HOA works similarly. There are rules in place, many of which have likely been in place since your Association was first established. However, the HOA has the power to go through a particular process to change these rules—and while this isn’t something to do lightly or carelessly, it is certainly something to keep in mind.
Our recommendation for HOA Boards is to periodically review your rules and regulations, perhaps making it an annual activity. See if there are any rules that simply seem outdated and unnecessary. Here’s a good rule of thumb: If nobody can identify why a rule is in place, or what purpose it serves, then it is likely not a rule worth keeping. Your HOA doesn’t want to become cluttered with unreasonable or unnecessary rules, simply for the sake of having rules.
It is also worth noting that changing the HOA rules is not just for older communities and outdated rules. Even a brand new community, with rules from the developer, benefit from a review of the rules. Often, developer rules are vague, little more than boilerplate, and may or may not fit the needs and goals of your community.
Changing the rules does require your Association to follow a set process, and there are legal ramifications for doing it improperly; that’s why this is a process best carried out with the help of your property management company. For more insights into this, don’t hesitate to contact Kuester Management Group at your leisure!