changing documents-rules and regs

I would like to know if any HOA in Florida has tried to change their rules and regulations . I was told by our lawyer that we would have to contact all our owners and get approval, as well as their motgage companies before a change can be made. The approval of owners is not a problem, however, approval of their mortgae companies is. With all the mortgage company problems, I cannot see that they would be responding to our requests, or at least in a timely fashion. Any advise or success stories.

Lets be clear on some terminology: Rules and Regs., architectural standards, etc. are typically created and ammended by the BOD and can be changed by them anytime with proper procedures.

CC&Rs and Bylaws DO require a % of membership approval before they can be changed. Look to your documents as to the requirements for ammending them.

My documents say you need mortgage company approval to change the bylaws but all this involves is sending them the changes with a letter saying if the association doesn't hear back in 30 days it will be assumed to be an approval.
Jeanne

The statements above do not apply to all cases.

Like SO MUCH discussed here... it depends on the Assn. Docs. which may include membership "class" levels as the trigger for eliminating the notification requirement.

Read them CAREFULLY!

The ammendment procedure/requirements/restrictions can even be different between the CCRs and Bylaws of the same HOA.

For example: MY docs do (did) require such notification/approval (i.e. non-veto) by the VA, FHA, etc., for ammending the Bylaws ONLY. And even then there were three clauses which terminated that requirement. One of them was a date which has long since passsed so we are no longer incumbered by this.

My docs. contain NO similar FHA, VA, etc., notification/approval restriction to ammend the CCRs.