Can HOA change rules without a vote first? Many homeowners may not be aware of policy changes if the board fails to notify them. This may leave them off guard when they’re enacted without them knowing. Is this allowed in Oregon and Washington?
What are HOA Rules?
The everyday guidelines and policies that keep the community in order are called HOA rules. These rules govern almost anything you can think of in a community, from parking to fence heights.
However, HOA rules are still governed by a higher authority. They still need to comply with your association’s governing documents and related state legislation.
Can HOA Change Rules Without a Vote?
In many cases, the board can change rules and policies without a homeowner’s vote. This only applies if your association’s bylaws and CC&Rs give them that specific authority.
Most HOAs have this provision, as it allows the board of directors to be more flexible in running community operations. This way, the HOA doesn’t need to expend a lot of time and resources to organize a major membership vote every time small rule changes are needed.
However, do keep in mind that your board has limits in authority. Any rule change needs to be reasonable and consistent with the governing documents.
Changing Rules in Oregon
Can HOA change rules without a vote in Oregon?
Oregon state law, particularly ORS 94.630, governs HOAs and authorizes these associations to amend HOA rules.
Supplementing that is ORS 94.635, which requires that these associations have a process for amending their bylaws. Given this, board members in Oregon have the authority to change operating rules without a full membership vote. Nonetheless, they should still follow the process outlined in their governing documents.
When using this power, these boards need to be careful about which regulations are only part of a list of rules and which are serious enough to call for an amendment to the bylaws. Usually, the latter would involve a more extensive method that requires notice and possible voting from residents.
Changing HOA Rules in Washington
Can HOA change rules without a vote in Washington?
In this state, different laws may apply to different communities, depending on how old they are. Older HOAs may still be governed by the Washington Homeowners’ Association Act, RCW 64.38, until the broader Washington Uniform Common Interest Ownership Act, or WUCIOA, applies.
HOAs under the older legislation have the authority to adopt and amend bylaws, rules, and regulations unless the governing documents say otherwise. However, it also states that the boards can’t formally take action on behalf of the HOA if there is no vote and the action or decision requires resident approval.
Meanwhile, communities under WUCIOA are not given the same leniency. These associations would need to have the board provide residents with proper notice before creating or amending new rules. These notices need to include the text of the new rule and the enactment date planned by the HOA board following owner comments.
While this law doesn’t necessarily mean voting is needed at all times, it emphasizes how the board shouldn’t treat rule changes as private decisions.
What Rules Can Boards Usually Change?
Rules regarding daily HOA operations are usually easy to change.
Some of these rules may include:
- Opening hours for common amenities like pools and gyms
- Guest parking procedures
- Trash and recycling rules
- Common area conduct
- Architectural request application forms
- How to reserve common amenities
When changing these rules, it would be best practice to still give homeowners clear, proper notice. When doing so, residents will be aware of and avoid unknowingly violating these regulations.
Rules Boards Should not Change Alone
There are policies that are too crucial to approve with a simple board vote. These rules usually require an amendment to the governing documents when implemented.
Some of these policies include:
- New rental limits
- Pet restrictions
- Voting rights and procedures
- HOA assessments
- Property use limits.
If not handled properly, changes to these rules without proper notice can start disputes. Anything that would change a resident’s rights under the declaration should have the resident’s approval.
This is where many disputes begin. A board may call something a “rule,” but if it changes a right found in the declaration, it may need owner approval.
Can the HOA Change Bylaws Without a Vote?
This is something the HOA board can’t change without a vote. Bylaws generally outline how the homeowners’ association is governed. Part of the bylaws outlines key stipulations and procedures for your HOA, such as board elections, officer roles, meetings, quorum, notices, and voting procedures.
Oregon state law requires that, to amend bylaws, HOAs obtain homeowner approval. The only exception to this is when the bylaws themselves stipulate a different way of doing so.
Meanwhile, in Washington, many bylaw amendments also need homeowner approval. Associations governed by the WUCIOA need to pay even closer attention to proper procedures and voting requirements.
What to Do Before Making Changes
The first thing any HOA board should do before trying to make any rule change or bylaw amendment is to check the governing documents. It covers everything you need to know about the proper procedures.
Following this, whether required or not, HOAs should also provide their residents with clear notice. Homeowners should also be provided with all the information about these changes with the notice and should be allowed to comment.
The Proper Way to Handle HOA Changes
Whether changes to HOA rules can be made without member input, it is still essential to at least give residents notice. By doing so, you are ensuring transparency and helping residents minimize accidental violations that may take place. If changes are needed, always follow the proper procedures to ensure compliance and safeguard homeowner trust.
CWD Group offers HOA management services to community associations in Oregon and Washington. Call us today at 503-488-2008 or contact us online!
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