New Condo HOA ByLaws: What Is The Correct Process? Maybe you are asking this question “My HOA association is proposing new Condo ByLaws: What is the correct process for them to be legal and enforceable in Jalisco?”
As you may know, accomplishing new HOA bylaws is not an easy task since old habits die hard. However, for some people very determined to bring about change maybe for better or worse. But what about changing by-laws at your HOA? Is it changing with our times? Many HOAs here in Puerto Vallarta operate with obsolete bylaws and this can represent a big challenge in administration of your Condominium Regime. Bylaws can be amended but achieving that change will require some work.
So how can I modify the bylaws of my HOA?
Bylaws of an HOA can only be amended through an extraordinary homeowners’ meeting. You will also need the consent of homeowners representing 75% of a vote of your HOA. This vote can be obtained either at a regular annual meeting or 30 days after by gathering the vote in writing from homeowners who didn’t attend this meeting. These requirements apply whether you want to change the wording of a bylaw or if you want to add a totally new bylaw.
The wording of amended bylaws was voted on and approved in English, what’s next?
Once you have approved the wording of your bylaws you must translate those bylaws into Spanish and this wording needs to be included in minutes that eventually will be notarized and recorded at your local public registry where your condominium is located. If you kept this wording in English and you didn’t include it in minutes, the amendment to your bylaws is not valid or enforceable.
Many people don’t embrace change very well and you might have some people resisting change in your HOA. This will make any task of amending your bylaws even more complicated, but with some persistence and proper counsel you’ll be able to achieve this goal, and then who knows, perhaps you’ll have a state of the art HOA in Puerto Vallarta.
This article written by Puerto Vallart Real Estate Attorney Roberto Ortiz De Montello.