About the Amendment Process

So, your Board has battled back and forth with crazy language in its governing documents for years now, and the Board has finally decided to fix the problem.  Great!  However, before your Board takes a running leap off of a short plank, we have a couple of helpful suggestions for you to keep in mind in trying to get that amendment voted on and recorded (and trying to avoid bodily injury on the fall down).

  1. Don’t bite off more than you can chew.  Consider starting simply if your Association is considering a number of amendments.  You might choose a few less “controversial” amendments to propose to your members to get them used to the idea of amending and to get better participation.  Consider amending the current amendment procedure in the governing documents to potentially make the amendment task less difficult or involved the next time around.  Hold off on those more controversial amendments for a time when the procedure may be less difficult, or the Board may have gained credibility with a successful amendment.      
  2. Make sure your Association will buy it.  Don’t even consider proposing to the membership an amendment that will not likely be approved by the required percentage of your members.  Such a move may reduce credibility, cost your Association significant funds (in legal fees, reproduction, and mailing), and just generally be a waste of everyone’s time.  Nobody has time for that.  Instead, consider polling your residents regarding the proposed amendments before investing significant funds and time in the amendments. 

Don’t kick a gift horse in the mouth.  Once you get your members on board with the amendments, they will be more likely to assist the Association with approving them.  Use those owners that are significantly in support of certain amendments to help the Association in approving them.  Print extra proxies or written execution forms to be walked door to door for owners to sign, and solicit those help of the owners in getting their neighbors involved.  Solicit their assistance in e-mailing or calling their neighbors.  The more, the merrier!