145. What’s the rule for amending our HOA’s declaration or bylaws?

Your HOA may have different rules than another HOA. However, the bottom line for every single association is DO NO HARM. This means whatever amendment your HOA may consider it must be fair, reasonable, and it must include ALL members of your association.

 For your reference:  West Virginia Chapter 36B. Uniform Common Interest Ownership Act. (UCIOA)

§36B-3-103(b) . . . The executive board may not act on behalf of the association to amend the declaration . . .

§36B-2-117. Amendment of declaration.

(a) Subject to the provisions of the declaration, including any plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent [67%] of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration must be recorded in every county in which any portion of the common interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to section 2- 112(a) [boundary adjustment], must be indexed in the grantee’s index in the name of the common interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

(d) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.

(e) Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.