amending governing documents

Both the Condo Act and the Community Association Act prohibit requiring the approval of more than 67% of the owners to

Members Area.  This resource is available to members.  Join us by subscribing today!


Statutes and Cases:

(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)

57-8-12. Recording
57-8-15. Bylaws
57-8-39. Limitation on requirements for amending declaration or bylaws
57-8-41. Lender approval - Declaration amendments and association action
57-8a-104. Limitation on requirements for amending governing documents -- Limitation on contracts
57-8a-210. Lender approval -- Declaration amendments and association action
57-8a-216. Association bylaws -- Recording required -- Bylaw requirement
57-8a-220. Creditor approval may be required for lot owner or association action under declaration -- Creditor approval presumed in certain circumstances -- Notice to creditor or creditor's successor
7 Signs Your HOA’s Governing Documents May Be Out of Date
Can an HOA Board Draft their Own CC&Rs?
Centennial Pointe v. Onyeabor (late fees as liq. damages, constructive notice) '09
Grassy Meadows SR v. Grassy Meadows Airport (amending CC&Rs by developer) '12
Levanger v. Vincent (strict compliance, voting procedures) '00
Swenson v. Erickson (amending covenants) '07
View Condo Ass'n v. MSICO (developer amendments, plat amendments, takings) '05