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House of Representatives
Session of 2023 - 2024 Regular Session


Posted: August 21, 2023 09:56 AM
From: Representative Jack Rader, Jr.
To: All House members
Subject: HOA Declaration Amendments
Many common interest owned communities, or HOAs, in portions of our state are comprised of mostly vacation or second homes. For some of these communities that can make unit owner participation in community voting difficult.
While state law provide for bylaw changes in these communities with a vote of 51% of the votes COLLECTED in a community on a given vote, we do not extend the same flexibility when it comes to amendments to the community’s declaration.
I plan to shortly introduce legislation to change the 67% required vote for a bylaw change, to be 67% of the votes COLLECTED on the question. This will allow for communities that are struggling to have unit owner participation in votes to make necessary changes to their declaration.
Being sensitive to the fact that declaration changes can be more substantive than bylaw changes, I will keep the 67% requirement, rather than dropping it to match the 51% requirement for bylaw changes.
Please consider joining me in helping these communities amend their declaration even when community participation is low.

Introduced as HB1736