Tips for Editing and Revising Bylaws

Frequently, original community association bylaws are not the most user friendly. Here are some guidelines for modifying them effectively:

❚ Conduct an audit. Work with a community association attorney to review the existing bylaws for inconsistencies, outdated provisions, or conflicts with state statutes.

❚ Ensure compliance with state and local laws. Verify the bylaws align with current legal requirements and industry best practices to avoid governance and enforcement challenges.

❚ Clarify board and committee structures. Define board member qualifications, election procedures, term limits, and committee roles to streamline governance.

❚ Simplify amendment procedures. Establish a reasonable process for amending the bylaws to ensure updates can be made efficiently without excessive procedural hurdles.

❚ Incorporate modern governance practices. Consider provisions that address virtual meetings, electronic voting, and financial transparency to enhance operational efficiency.

❚ Engage the community. Seek input from homeowners and stakeholders to ensure the revised bylaws reflect the community’s needs and promote homeowner engagement.

❚ Use clear and concise language. Avoid legal jargon and complex wording to make the bylaws easily understandable and accessible to all members.

Tailored bylaws can avoid future problems. Customized bylaws drafted to meet the unique needs of a community association help mitigate risks and ensure smooth operations, legal compliance, and effective community governance.

Let’s put the bylaws in context of the governing documents typically used with modern associations. Specifics can vary by state.

Articles of incorporation (or charter) are the documents filed with the local secretary of state’s office or other designated authority that form the corporate entity that is the association. Most states now require articles only contain minimal information, but older documents are sometimes extensive.

The bylaws (or older constitution) are the document that governs how the association is run. For example, bylaws tend to outline the number of board members and the manner of their election. Additionally, there should be provisions for how often to call meetings of the association and the board of directors, notice and quorum requirements, and rules for voting.

The declaration of covenants, conditions, and restrictions tends to get the most attention and explains what owners can and cannot do on their property. The declaration, which is a contract, typically contains assessment provisions, use restrictions on the properties, architectural control authority, insurance requirements, and enforcement provisions. The declaration is filed locally and gives potential purchasers notice of the community association’s existence and restrictions. In most states, articles, bylaws, and the declaration must be amended by members of the association.