Law pertaining to changes HOA governing documents.
I believe the order of precedence for HOA governing documents is Article of Incorporation, C C & R’s and Bylaws. What Arizona law governs changes to these documents? Also, can the Rules and Regulations, Compliance Policies and Procedures, and Architectural Compliance and Procedure document of an HOA be changed by the board without the consent of the members?
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Patricia,
You actually have the order wrong the highest tier document is the CC&R’s then the Articles of Incorporation if any and if yes than the Bylaws and finally the rules. All CC&R’s can only be changed by the specified number of members. The Articles and Bylaws will have to specify within them how and who can change them but all rules are the purview of the Board alone. No lower document can contradict any higher document but if they do the higher document prevails. Above all of these are State and Federal law and Case or Common law.
While board can change rules without homeowner review and approval that does not mean that they should for the health and tranquility of the community. HOA attorneys and community managers will never tell a board what they should do to promote harmony in the community they will simply tell them what they can do or what they can get away with.
Dennis
Dennis