Article – Can a HOA Change the Rules without a Vote?

Can an HOA Change Rules Without a Vote?

If you live in an HOA, you may have asked yourself: Can the board really change the rules without asking homeowners first? The answer is: sometimes yes, sometimes no. It depends on the type of rule, what your governing documents say, and the requirements of state law.

The Three Levels of HOA Rules

Not all HOA rules are created equal. Understanding the difference helps you know when a vote is required:

  • CC&Rs (Covenants, Conditions & Restrictions): These are the “big picture” rules of the community, covering property use, architectural standards, and long-term restrictions. Because of their importance, changes to CC&Rs almost always require a homeowner vote.

  • Bylaws: These focus on how the HOA itself operates—such as elections, meetings, and board powers. Depending on your documents and local laws, some bylaw changes may be made by the board, while others require approval from the membership.

  • Rules & Regulations: These are the day-to-day policies that affect residents most directly, such as parking, pool hours, or pet rules. Boards usually have the authority to adopt or amend these without a community vote, as long as they don’t conflict with the CC&Rs or bylaws.

What Process Must Be Followed?

Even when a board has the power to act on its own, there are usually safeguards in place:

  • Homeowners must be given advance notice of proposed changes.

  • There is often a comment period where residents can provide feedback.

  • Major amendments may still require a vote of the members, often needing approval from two-thirds or three-fourths of the community.

This process ensures transparency and helps homeowners feel included, even when the board is technically able to make the decision.

What If Something Seems Wrong?

If your board makes a rule change that doesn’t feel right:

  1. Check your governing documents. Look at the CC&Rs and bylaws to confirm what they say about amendments.

  2. Request records. Ask to see notices, meeting minutes, or any official documents showing how the decision was made.

  3. Get involved. Attend meetings, voice your concerns, and talk with neighbors who may feel the same way.

  4. Seek advice if needed. If the board didn’t follow the rules or state law, you may want to consult an attorney for guidance.

The Bottom Line

HOA boards can sometimes change everyday rules without a vote, especially when it comes to things like amenities, parking, or other lifestyle policies. But big changes—particularly amendments to the CC&Rs—almost always require a vote of the membership. Knowing the difference helps you understand when the board can act on its own and when you and your neighbors have the right to decide together.