Governing documents written decades ago don't always fit the community as it exists today. Maybe the CC&Rs are silent on EV chargers, the rental restrictions no longer reflect what the community wants, or the bylaws describe a quorum requirement that's never once been met. Amending these documents is possible, but CC&Rs and bylaws play by different rules, and getting the process wrong can mean the amendment doesn't actually take effect.
Not legal advice. Amendment procedures, vote thresholds, and recording requirements are governed by your association's specific documents and by state law, both of which vary widely. Have an attorney review proposed amendment language and procedures, especially for CC&R changes, before putting them to a vote.
Our guide on CC&Rs vs. bylaws vs. rules and regulations covers what belongs in each document. That same hierarchy determines how hard each one is to change.
| Document | Typical Amendment Bar | Recording Required? |
|---|---|---|
| Rules & Regulations | Board vote, often no membership vote required at all | No |
| Bylaws | Membership vote, often a simple majority or modest supermajority of votes cast | Usually no, though some associations record them anyway |
| CC&Rs | Membership vote, often a supermajority of all owners (not just those voting), e.g., two-thirds or three-quarters | Yes, with the county recorder |
The exact numbers are set by each document's own amendment provision, there's no universal percentage. The CC&Rs amendment clause is usually one of the last sections in the document, and it's the single most important paragraph to read before starting any amendment effort.
An approved amendment that's never recorded may not be enforceable. This is one of the most common, and most expensive, mistakes associations make: members vote to approve a CC&R change, everyone considers the matter settled, and the amendment is never actually filed with the county. Years later, when the amendment matters (an enforcement dispute, a sale, a title search), it may not legally exist. Recording should be treated as part of the vote, not an optional follow-up.
In AffordableHOA: Store the current versions of your CC&Rs, bylaws, and rules, along with any amendments, in one place that's accessible to the board and owners. When something changes, there's one source of truth instead of conflicting copies floating around in old emails and binders.
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Start Free TrialYes, but it's deliberately harder than changing rules or bylaws. It generally requires a membership vote meeting the threshold set in the CC&Rs themselves (often a supermajority), followed by recording the amendment with the county to bind all current and future owners.
It depends on what the CC&Rs specify, there's no universal number. Many require a supermajority such as two-thirds or three-quarters of all owners, not just those voting, and some provisions may require an even higher threshold. Check the amendment provision in your current CC&Rs.
Generally yes. Bylaws typically require a simple majority or modest supermajority of votes cast, sometimes board approval alone for certain provisions. CC&Rs almost always require a higher bar, a vote of a larger share of all owners, plus recording with the county.
Yes. CC&Rs run with the land, so an amendment isn't effective against the property, including future buyers, until recorded with the county recorder. An amendment approved by owners but never recorded may not be enforceable.
Generally no. CC&R amendments almost always require a membership vote at the threshold the CC&Rs specify. Bylaws sometimes allow board-only amendments for certain provisions, and rules and regulations are typically the board's to adopt without a membership vote.
Read the existing amendment provision for the vote threshold and notice requirements, draft the proposed language (with attorney review for CC&R changes), provide notice to owners, hold the vote per your voting rules, and for CC&Rs, record the approved amendment with the county.