Governing Documents

Can an HOA Change the Rules After You Buy?

By The HOARebel Team · October 5, 2026 · 9 min read

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

Buying into an HOA means taking on its documents as they stand at closing, along with the process for changing them. So an HOA can usually change the rules after you buy. How it can do that depends on which kind of rule is changing, who has the power to change it, and whether a state law limits how far a new rule reaches owners who were already there.

This guide uses California, Florida, Texas and Washington law as examples. A state's HOA statute is only one layer: the association's CC&Rs and bylaws, the state's nonprofit corporation law and federal law such as the Fair Housing Act also shape what a board or a membership vote can do. For your specific situation, a licensed attorney in your state is the right resource. This is general information, not legal advice.

Why owners are bound by changes they didn't vote for

CC&Rs are recorded covenants that run with the land, which is why they bind owners who never signed them (see What Are CC&Rs and Are They Legally Binding?). Most declarations also include an amendment clause, and state law backs it up. In California, "A declaration may be amended pursuant to the declaration or this act" (Cal. Civ. Code § 4270(a)). An owner who voted no, or didn't vote, is generally bound by an amendment adopted the right way.

Three kinds of "rule change"

The declaration (CC&Rs): recorded covenants on use, assessments and maintenance. Changes usually take an owner vote, often a supermajority, plus recording.
The bylaws: board size, elections, meetings and voting, changed under the bylaws' own amendment clause within state-law limits.
Board rules: parking, pools, pets, architectural guidelines. Usually adopted by the board, sometimes after a required notice-and-comment period.

How these documents rank against each other is covered in HOA Bylaws, CC&Rs and Rules: What Each Governing Document Does.

Amending the CC&Rs: owner votes and recording

California: an amendment takes effect once it is approved, certified in writing and recorded. The statute requires that "The amendment has been approved by the percentage of members required by the declaration and any other person whose approval is required by the declaration" and that it "has been recorded in each county in which a portion of the common interest development is located" (Cal. Civ. Code § 4270(a)). If the declaration is silent, "an amendment may be approved by a majority of all members" (§ 4270(b)).
Florida: unless the governing documents or law provide otherwise, "any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association" (Fla. Stat. § 720.306(1)(b)). An amendment "is effective when recorded in the public records of the county in which the community is located" (§ 720.306(1)(e)). An amendment that would materially and adversely alter a parcel's voting interest, or increase its share of common expenses, generally also needs that owner and its lienholders to join (§ 720.306(1)(c)).
Texas: for residential subdivisions with mandatory membership, "a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law" (Tex. Prop. Code § 209.0041(h)). A lower percentage in the declaration controls (§ 209.0041(h-1)), and the section does not apply to a declaration amendment during a development period (§ 209.0041(d)) or to certain amendments affecting commercial, industrial, apartment or condominium portions of a subdivision (§ 209.0041(d-1)).
Washington: the declaration "may be amended only by vote or agreement of unit owners of units to which at least 67 percent of the votes in the association are allocated, unless the declaration specifies a different percentage not to exceed 90 percent" (RCW 64.90.285(1)(a)), and an amendment "is effective only upon recordation" (RCW 64.90.285(3)). Before January 1, 2028, this act covers communities created on or after July 1, 2018, and older ones that opt in (RCW 64.90.360(2)).

Changing the bylaws

Bylaws usually set their own amendment method, often a member vote. State law can add limits: Florida's two-thirds default covers "any governing document of an association" unless the documents or law say otherwise (Fla. Stat. § 720.306(1)(b)), and in Texas, "A bylaw may not be amended to conflict with the declaration" (Tex. Prop. Code § 209.0041(i)). The state's nonprofit corporation law can also bear on bylaw amendments.

Board rules: notice and comment in some states

Some states require advance notice of rule changes. In California, for rules on the subjects in Cal. Civ. Code § 4355(a), such as common-area use, architectural standards, fines and elections, "The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change" (§ 4360(a)). The decision "shall be made at a board meeting, after consideration of any comments made by association members" (§ 4360(b)). An emergency rule change can skip the notice but "is effective for 120 days" unless it sets a shorter period (§ 4360(d)).

In Washington communities covered by RCW 64.90 (see the applicability note above), unless the declaration provides otherwise, the board must give owners notice of a proposed rule's text and of a date on which it "will act on the proposed rule or amendment after considering comments from unit owners" (RCW 64.90.505(1)). The statute adds: "Every rule must be reasonable" (RCW 64.90.505(5)).

Where no statute sets a process, the governing documents do. How rule disputes play out is covered in the HOA rules and enforcement topic hub.

Can a new rule apply to owners who bought before it?

Generally, a properly adopted amendment applies to every owner, including those who bought earlier. Some states carve out exceptions, most often for rentals.

In Florida, a governing document or amendment "that is enacted after July 1, 2021, and that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the governing document or amendment, or to a parcel owner who consents" (Fla. Stat. § 720.306(1)(h)1.). The exception has a limit: an association may amend its documents "to prohibit or regulate rental agreements for a term of less than 6 months and may prohibit the rental of a parcel for more than three times in a calendar year, and such amendments shall apply to all parcel owners" (§ 720.306(1)(h)2.).

In California, an owner "shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing" of their home "unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title" (Cal. Civ. Code § 4740(a)). A later section goes further for all owners: an owner "shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing" of homes in the development, though an association may prohibit "transient or short-term rental of a separate property interest for a period of 30 days or less" (Cal. Civ. Code § 4741(a), (c)). More is in Can My HOA Prevent Me From Renting My Home?

Florida also declares "null and void" clauses giving a developer "the unilateral ability and right to make changes to the homeowners' association documents after the transition of homeowners' association control" to the owners (Fla. Stat. § 720.3075(1)(a)).

And an amendment generally cannot override a statute or federal law. When Is a Washington HOA Rule Unenforceable? shows how one state's overrides work, and HOA laws by state lists the main statutes elsewhere.

How owners take part in rule changes

Voting and commenting. CC&R amendments, and often bylaw amendments, go to a membership vote, and notice-and-comment states such as California and Washington let owners weigh in before the board acts on a rule. Quorum and proxies are covered in HOA Meetings and Elections.
Reversing a board rule (California). "Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change" (Cal. Civ. Code § 4365(a)). The request "may not be delivered more than 30 days after the association gives general notice of the rule change" (§ 4365(b)). A majority of a quorum can reverse the rule unless the documents require more, and a reversed rule "may not be readopted for one year" (§ 4365(d), (f)). The process covers the rule subjects listed in § 4355(a) and does not apply to emergency rule changes (§ 4365(h)).
Proposing amendments. Owners can propose changes through the process the documents provide. In California, if a declaration requires more than 50 percent of the votes to amend, "the association, or any member, may petition the superior court" to lower that percentage (Cal. Civ. Code § 4275(a)). The court "may, but shall not be required to," grant it; the required findings include that members having more than 50 percent of the votes voted in favor and that "The amendment is reasonable" (§ 4275(c)).

Timing can matter when an owner believes an amendment was adopted improperly. For communities covered by RCW 64.90 in Washington, "In the absence of fraud, any action to challenge the validity of an amendment adopted by the association may not be brought more than one year after the amendment is recorded" (RCW 64.90.285(2)). If the required process wasn't followed, a remedy may be available; whether one applies depends on the documents, the state's law and the facts.

Frequently asked questions

Can an HOA change the CC&Rs without a homeowner vote?

Substantive changes generally need the owner vote the declaration and state law require. Exceptions are narrow: for communities covered by RCW 64.90, Washington lets the board, on 30 days' notice and a two-thirds board vote, record amendments that correct errors or remove language in direct conflict with the act (RCW 64.90.285(10)).

Do new HOA rules apply to homeowners who already live there?

Generally yes, once properly adopted. Exceptions are mostly about rentals, as in Florida (Fla. Stat. § 720.306(1)(h)) and California (Cal. Civ. Code §§ 4740(a), 4741).

How many votes does it take to change HOA CC&Rs?

It depends on the declaration and the state: the declaration's percentage or a majority of all members in California (Cal. Civ. Code § 4270), two-thirds of the voting interests by default in Florida (Fla. Stat. § 720.306(1)(b)), 67 percent or a lower declaration figure in Texas (Tex. Prop. Code § 209.0041), and 67 percent in Washington unless the declaration sets a different percentage no higher than 90 percent (RCW 64.90.285(1)(a)).

How much notice does an HOA have to give before changing a rule?

It varies. California requires 28 days' notice for rule changes on the subjects in Cal. Civ. Code § 4355 (§ 4360(a)), and Washington requires notice of the text and the date the board will act (RCW 64.90.505(1)). Elsewhere, the governing documents may set the process.

Sources

Keep reading

The rules above are the general picture; the details come from state law. Every state's article on this question is listed on HOA rules & enforcement by state, and each state guide explains the governing statute.