Members & process
Amendment
A formal change to a governing document — recorded for the Declaration, filed for the Bylaws.
Also called: CC&R amendment · Bylaws amendment · Declaration amendment
What it means
An amendment is a formal change to a governing document. Amendments to the Declaration must be recorded with the county recorder's office to bind future owners and typically require a high member vote (commonly 67% or 75% of all eligible voting interests) plus, in many cases, lender consent and a written ballot in the form required by state statute. Amendments to the Bylaws are usually easier — often a board vote or a simple member vote — and don't need to be recorded. Amendments to the Rules and Regulations are the easiest of all: a board resolution at a properly noticed meeting is typically sufficient.
Why it matters
The amendment process is the only way to fix a Declaration that no longer matches how the community actually wants to live. Boards that try to work around an outdated Declaration with creative Rules tend to lose challenges; boards that go through the work of amending the Declaration get durable change.
Example
A community wants to ban short-term rentals. The Declaration is silent. The board first tries adopting a Rules amendment; an owner sues and wins because the Declaration didn't grant the board authority over rentals. The board then runs a Declaration amendment campaign, secures the 67% supermajority, records the amendment, and the new restriction is binding on all owners.
This definition is general orientation, not legal advice. Specific questions about your association should be routed to your attorney or a state-statute resource.
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