Condo Q&A

Our HOA wants to "re-do" the association by-laws

Written by stephen polinsky | Mon, Apr 30, 2012 @ 12:45 PM

As a newly chosen (not elected) President of a small HOA (32 units), I am hoping to take our 35 year old community and HOA out of the stone age. Remarkably we have no by-laws as I can discover. We do have CC&R's that obliquely refer to by-laws but never actually state them. We have been self-managed and the Board is composed of interested owners but membership wanes between two people that made all of the decisions for several years to now a group of eight, mainly because the current board made a very unpopular decision on a big landscaping project that only affected one-half of the community. It's a classic situation, no participation only complaints.

I wish to craft by-laws and install a voting process whereby the Board is elected by the community. Amazingly, this too has never been done. I cannot find much about the governance of a HOA, nor by-laws in my State's (New Mexico) government pages. We are willing to do the work, but we need a starting place. Can any of my fellow members of this site provide any help? I have started wending my way through the by-laws section of the blog but there are 72 threads. The election section is also extensive. Perhaps someone might attention the appropriate entries to me. Thanks.