One of the most important governance questions a board faces is: how do we change our rules? The answer depends entirely on which document you're amending. CC&Rs (the Declaration) almost always require a supermajority owner vote. Bylaws require either an owner vote or sometimes a board vote. Rules and Regulations (the "house rules") can usually be adopted or amended by board vote alone. Getting the amendment hierarchy wrong can make changes unenforceable.
The Three-Tier Document Hierarchy
| Document | Who Can Amend? | Typical Threshold | Notes |
|---|---|---|---|
| CC&Rs / Declaration | Owners by vote | 67%–80% of all voting interests | Most states require recording in county records |
| Bylaws | Owners or board (depends on bylaws) | 50%–67% (owners) or board majority | Some HOAs allow board to amend bylaws; most require owner vote |
| Rules & Regulations | Board of Directors | Board majority (simple) | Notice to owners typically required before effective date |
| Plat / Survey | Cannot be amended by HOA alone | Court or government action | Plat is a recorded survey — HOA cannot change it unilaterally |
State-Specific CC&R Amendment Requirements
California Davis-Stirling requires a 2/3 (67%) affirmative vote of all members to amend the CC&Rs (Civ. Code § 4270). Florida Chapter 720 requires 2/3 of all voting interests (§ 720.306). Texas Prop. Code § 204.003 requires 67% of all owners. Many CC&Rs set a higher threshold (75% or 80%) than the statutory minimum — the governing documents control, provided they meet the statutory floor.
The Practical Reality: Why CC&R Amendments Fail
Getting 67%–80% of owners to vote — let alone vote yes — is extremely difficult in most HOAs. Voter apathy is the norm, not the exception. Many associations fail to reach quorum for amendment votes. This is why the distinction between CC&R amendments (requiring owner supermajority) and rule amendments (requiring only board vote) is so practically important. Boards should use rule amendments for operational matters, and reserve CC&R amendments for fundamental governance changes.
Notice Requirements Before Rule Changes
Even for board-adopted rule amendments, most states require advance notice to owners. California requires 28 days notice before board-adopted rule changes take effect (Civ. Code § 4360). Florida requires at least 14 days. Most other states follow whatever the bylaws require for rule adoption. Boards that adopt rules without proper notice risk having those rules declared unenforceable.
- Always identify which document you're amending — CC&Rs, bylaws, or rules
- CC&R amendments: verify your state's minimum threshold and your CC&Rs' threshold
- Rule amendments: check your state's notice requirement before the rule takes effect
- Record all CC&R amendments in the county land records to give notice to future buyers
- If amending STR restrictions retroactively: consult an attorney about transition period rights
- After any amendment: update your governing document package and distribute to all owners
Disclaimer: Amendment thresholds are set by your specific governing documents and state law. This guide is for general informational purposes only. Consult a licensed attorney before initiating any CC&R amendment process.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →