Why Does (Or Doesn’t) Ines T Clark
There comes a time in almost every community association where certain CC&R’s and regulations may need to be re-evaluated or updated. Whether its rules surrounding street parking, rental caps within a community or the color of the homes, sometimes owners question the necessity and practicality of the rules that govern their community and wonder what they can do to help initiate change. Below are some options available to homeowners to help with this process.
To begin, there are several reasons why an owner may want to initiate a change in the first place. Perhaps the Covenants, Conditions and Restrictions (CC&R’s) were written a long time ago in a different era. The CC&R’s are usually filed by the developer of the community, so they are written with language and rules for an undeveloped community and may not make as much sense once the community is fully built and mature. There may also be situations when the rules may seem too rigid as written. Whatever the case may be, if you as a homeowner want see changes to your CC&R’s or Rules and Regulations, here are some tips to keep in mind.
Start the Conversation with a Written Request
It may seem obvious but if you are serious about seeing any kind of change in the governing documents your association uses, put in a written request (either through e-mail or an appropriate form your association might use) to the board of directors or your association manager. Make sure to do your due diligence when submitting the request, by highlighting which specific section of the governing document(s) you are concerned with, and a detailed explanation on why the board should consider changing the rule. The board can still deny the request, but this at least begins the conversation and provides documentation.
Get Support from Other Homeowners
Chances are that you are not alone in feeling that certain rules of your community are in need of change. Talk to your neighbors and other members of your community and find out how many of them feel the same as you do. Put a document together and obtain signatures from those that support the vision and send that in with the request itself. It will provide the board of directors with supporting documentation that several members feel the same about the situation.
Get Involved with the Board or a Committee
Perhaps the best way to effect change is to become part of the process. This means you can run to be on the board for any open positions or help serve on a specific committee (architectural, parking, landscaping, etc.). Maybe you’re concerned with street parking and want to propose a solution and you know it will take some ground work – volunteer to put together and head up a parking committee. Put in the dedication and make recommendations to the board, so when the time comes to implement the change, you can feel good about the solid foundation you have created.
These are just a few of the main tips to keep in mind when embarking on the road of changing governing documents. Whatever the case, be persistent, patient, and be willing to compromise and you could very well be the change you wish to see in your community!
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My Association Allow That? How Owners Can Instigate Change in Governing Documents
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