Document Amendment Attorneys for Condo & HOA Boards

In Michigan, the process for amending the governing documents depends on whether the community is a condominium or a homeowners association. For Michigan condominium associations, most amendments to the master deed and bylaws require approval of two-thirds of the co-owners under MCL 559.190 of the Michigan Condominium Act, and certain amendments also require mortgagee approval under MCL 559.190a. For Michigan homeowners associations, declarations generally require unanimous owner approval unless the declaration provides otherwise, with common amendment requirements allowing a majority approval or two-thirds approval.

In Illinois, the document amendment process depends on whether the community is a condominium or a common interest community association and on the document being amended. For Illinois condominium associations, amendments to the declaration generally require approval of two-thirds of the unit owners under the Illinois Condominium Property Act, unless the declaration specifies a different percentage. For Illinois homeowners associations governed by the Common Interest Community Association Act, amendments are approved at the percentage stated in the declaration, with bylaws and rules often amendable by the board if authorized.

In most cases, boards cannot unilaterally amend declarations or bylaws without owner approval. However, there are limited statutory exceptions that permit certain amendments without owner approval, typically for legal compliance, such as removing discriminatory covenants, provided the amendment does not involve a material change to the governing documents. Boards typically have the authority to adopt or amend rules and regulations without owner approval. Determining the scope of the board’s authority to amend the documents or adopt rules is a legal question that should be carefully reviewed in consultation with a community association attorney.

Enforcing outdated or invalid provisions can expose a community association to lawsuits, selective enforcement claims, and disputes with owners. Courts may refuse to enforce restrictive covenants that conflict with state law or were not properly adopted. Amending governing documents proactively helps boards avoid these risks.

Boards should involve a community association attorney at the outset of any document amendment project. Early legal guidance helps ensure amendments are properly drafted, approved, and recorded, and prevents costly mistakes that can invalidate the amendment or create future disputes. In most cases, it is more expensive if a board attempts an initial draft of a document and then provides it to the attorney, as it may not utilize standard language required by statute or that would track case law.