Can HOA Covenants Be Changed? A Complete Guide

Ever feel like your HOA’s rules are stuck in another decade? You’re not alone. Whether it’s outdated parking restrictions, unclear pet policies, or limitations on solar panels, homeowners across the country are asking the same question: Can HOA covenants be changed?

The short answer? Yes. But the longer answer involves legal steps, voting thresholds, and a whole lot of paperwork.

HOA covenants, officially called CC&Rs, are binding agreements that shape how your community looks, functions, and evolves. Changing them isn’t like tweaking a backyard shed; it takes coordination, planning, and sometimes legal help. 

But it’s not impossible, and in many cases, it’s well worth it.

In this guide, we’ll walk you through exactly how these changes happen, what they cost, what the process looks like in different states, and what pitfalls to avoid. Whether you’re a board member or just a curious homeowner, you’ll leave with answers and a plan. 

What Are HOA Covenants, Exactly?

If you live in a community with a Homeowners Association (HOA), you’ve likely heard the term “covenants”, probably in the form of complaints or confusion.

But what are they, really?

HOA covenants, short for Covenants, Conditions, and Restrictions (CC&Rs), are the legal backbone of your community. They define what’s allowed, what’s not, and how the neighborhood is supposed to function.

These documents are recorded with your county and are legally binding on every homeowner. Think of covenants as a contract between you and your neighbors.

They’re not just about paint colors or mailbox styles (though yes, those might be in there). They affect: 

• Property use: Can you run a home business? Rent out your unit?
• Architecture: Can you build a shed or add solar panels?
• Behavior: Are there noise rules or pet limits?

And here’s the kicker: these rules don’t change easily. Which is why people often ask: Can HOA covenants be changed? The answer is yes, but it depends on what’s written in those very documents. 

Covenants vs. Bylaws vs. Rules: What’s the Difference?

A common mistake is lumping everything under “HOA rules.” But there’s a hierarchy:

1. Covenants (CC&Rs): Recorded, legally binding, hardest to change.
2. Bylaws: Internal governance rules (how the board is elected, how meetings are run).
3. Rules/Regulations: Day-to-day policies (parking, pool use)—easiest to update.

If you’re wondering how to change HOA bylaws in Florida or how to amend rules in California, remember that changing covenants is a much heavier lift. It often requires supermajority homeowner approval, legal review, and formal recording with your local government.

You can see how strict some states can be by reviewing this California HOA amendment guide or reading how Florida distinguishes between bylaws and covenants.

So, can HOA covenants be changed? Yes, but not without a plan. And knowing what they are is the first step to navigating that change.

Why Would an HOA Want to Amend Its Covenants?

At first glance, HOA covenants might seem like set-it-and-forget-it rules. But over time, communities evolve, and what worked ten years ago may no longer make sense today. That’s why the question of whether HOA covenants can be changed comes up more than you might think.

Common Reasons to Amend

1. Outdated Restrictions: Some covenants were written decades ago, and it shows. You might see clauses that prohibit satellite dishes, limit the number of vehicles per household, or restrict home offices—things that simply don’t reflect modern living.
2. Legal Compliance: State or federal laws can change, and when they do, your covenants may need to follow suit. A good example? Rules that unintentionally violate Fair Housing laws.
3. Community Needs Shift: More homeowners working remotely? New interest in short-term rentals? Growing demand for electric vehicle charging? As needs change, so should the governing documents.
4. Insurance or Lender Requirements: Some mortgage lenders or insurance providers may flag older or vague CC&Rs as risky, which can affect refinancing and home sales. 

A Strategic Move

Changing covenants isn’t just about fixing problems. Sometimes it’s about setting your community up for the future. Whether it’s clarifying language, modernizing expectations, or eliminating outdated provisions, updating CC&Rs can create long-term stability.

And yes, while the cost to amend HOA covenants can be a factor (more on that later), the benefit of reducing legal risk or improving quality of life often outweighs the price tag.

Still, amending covenants isn’t a casual update. It requires homeowner support, legal review, and a structured process, which we’ll break down next.

Can HOA Covenants Be Changed? Yes—but Here’s What It Takes

Here’s the plain truth: Can HOA covenants be changed? Yes. But they can’t be changed on a whim.

Most covenants include specific instructions on how they can be amended. That often means securing approval from a supermajority of homeowners—usually 67% or 75%—plus filing the revised document with your county recorder’s office. 

What the Process Typically Looks Like

1. Proposal Drafted: The board (or a committee) usually prepares proposed changes, sometimes with input from a lawyer.
2. Notice to Members: Homeowners must be notified about the proposal and given enough time to review it.
3. Voting Period: Ballots are sent out (often via mail or at a special meeting), and owners vote according to the procedures outlined in the governing documents. 
4. Tally & Verification: Votes are counted and verified. If the threshold is met, the change moves forward.
5. Recording: The amendment is officially recorded with the local government. In some states, like Texas, this step is non-negotiable.

If you’re wondering if HOA covenants can be changed in Texas, the answer is yes, but state law is very clear that changes must follow the declaration’s procedures. Texas Property Code §209.0041 outlines these requirements, and they’re enforced strictly. 

Common Roadblocks

• Low Voter Turnout: If your governing documents require 75% approval and only 60% of owners vote, the change fails, even if most are in favor.
• Vague Amendment Clauses: Some older CC&Rs don’t clearly define the amendment process, which can lead to confusion or even legal disputes.
• Recording Errors: If the final amendment isn’t properly recorded, it may be unenforceable.

But despite the hurdles, it’s entirely possible; a clear, well-executed plan is the key. 

Step-by-Step: How HOA Covenants Are Amended

So, we’ve answered the big question—can HOA covenants be changed?—with a “yes.” Now let’s break down how that actually happens.

Spoiler: It’s not just a vote and a handshake; amending your HOA’s covenants is a structured legal process.

It’s meant to protect both homeowners and the association by ensuring changes are made with transparency, fairness, and consensus. While the specifics vary depending on your governing documents and state law, the basic framework looks fairly consistent across most communities.

Step 1: Draft the Amendment Proposal

Everything starts with a written proposal. This could be initiated by the board of directors, a committee, or even a group of homeowners, depending on your governing documents. It’s strongly recommended that the language be reviewed or prepared by an attorney.

Vague or poorly written amendments can cause future legal headaches or be ruled unenforceable. 

Tip: If your HOA doesn’t already have legal support, organizations like ours can guide you with that. Legal oversight is critical during this step. Contact us.

Step 2: Notify Homeowners

Once the proposed amendment is drafted, the HOA must formally notify all homeowners. This includes sending out the full text of the proposed change, along with details about how and when the vote will occur. Depending on your state, there may be minimum notice periods or required formats (postal mail vs. email vs. public posting).

In Texas, for instance, transparency is key. You’ll need to follow the provisions under Property Code Section 209.0041, which emphasizes adequate notice and detailed voting instructions. 

Step 3: Solicit and Collect Votes

This step is where most amendments succeed—or stall out. Your CC&Rs will specify the approval threshold, which is usually a supermajority (e.g., 67% or 75% of all members). Some states have adopted rules to help overcome low voter turnout.

For example, in California, Civil Code §4275 allows HOAs to petition the court to approve an amendment if they make a good-faith effort but fall slightly short on votes. This is one reason why people wonder if HOA covenants can be changed in California—because the process is unique.

Voting can happen in person at a meeting, by proxy, or by written ballot. No matter the method, it must follow the process defined in your governing documents. 

Step 4: Certify the Results

Once the voting period ends, the HOA board typically tallies the results and verifies their accuracy. Depending on your community’s rules, this may need to happen in a public board meeting or be certified by a third party. 

Step 5: Record the Amendment

Here’s the part a lot of HOAs forget: recording the amendment with your county. If you skip this, the change might not be enforceable. Recording it officially updates the title documents for every lot or unit in your development.

Recording with the county recorder makes the amendment part of the public record—and binds future homeowners to the updated rules. 

What’s the Cost to Amend HOA Covenants?

Now let’s talk about what it costs. Because when people ask if HOA covenants can be changed, they usually follow up with: “But what’s that going to cost us?”

There’s no flat fee for amending CC&Rs; it depends on your community’s size, how complex the change is, and whether legal help is involved. But here’s a breakdown of where the money typically goes. 

1. Legal Fees

Legal review is non-negotiable for most HOAs. Attorneys help ensure the proposed language is enforceable and compliant with state law. They also help avoid contradictory or illegal provisions.

Depending on your state and firm, legal costs can range from $500 to $2,500 or more, especially if multiple amendments are involved or if the board requires legal guidance throughout the voting process. 

2. Mailing and Notification Costs

You’ll need to notify all members about the proposed amendment and voting process. This may include:

• Certified mail or postage
• Printing costs for ballots and instructions
• Envelopes and return envelopes
• Online voting platforms (if used)

For large communities, this can add hundreds to your bill. And if your governing documents or state law require multiple notices, that cost compounds. 

3. Meeting Expenses

If your HOA holds a special meeting to discuss or vote on the amendment, you may incur costs for:

• Venue rental (if off-site)
• Audio/visual setup
• Sign-in logistics
• Refreshments (optional but common) 

4. Vote Counting and Certification

In some communities, especially large ones, third-party inspectors of election are hired to manage and certify votes. This can cost a few hundred dollars but adds legitimacy and transparency to the process.

In California, this is more than a best practice; it’s required for HOAs with more than 50 members under the Davis-Stirling Act. 

5. Recording Fees

Finally, the amended covenants must be recorded with the county. Each county has its own fee structure, but most fall in the range of $50–$150. You can check the exact cost on your local county recorder’s website—for example, the Los Angeles County Recorder’s Office.

6. Hidden Costs (Don’t Forget These)

• Time: The board, management, and sometimes committees will spend hours organizing, reviewing, and following up.
• Member outreach: If you need to build support, it may take additional communication, which has both time and printing costs.
• Mistakes: Failing to do things right the first time could mean having to start the process over, which doubles the cost.

So, what’s the bottom line? The cost to amend HOA covenants generally ranges from $1,000 to $5,000, but it can be more depending on your location and how well organized your board is. 

However, if the change prevents future legal disputes or updates a policy that’s driving away buyers, it may be one of the best investments your community makes. 

State-by-State Spotlight: How the Rules Vary

The general process for amending HOA covenants is similar across the U.S.—draft the change, notify members, vote, then record. But specific rules and allowances vary widely depending on your state.

Here’s a look at how some key states handle it. 

a. Can HOA Covenants Be Changed in California? 

Yes, but California adds a unique legal safety net. The Davis-Stirling Act governs most HOAs in the state, and Civil Code §4270 outlines the standard amendment process: notify members, meet the voting threshold (usually defined in the CC&Rs), and record the amendment.

However, if your community makes a good-faith effort but falls short of the required vote count, Civil Code §4275 allows the board to petition the court to approve the amendment. This judicial option can be a lifeline for communities struggling with low participation.

You can explore that process through the California Association of Homeowners Associations. 

b. Can HOA Covenants Be Changed in Florida?

Absolutely, but Florida draws a clear line between different governing documents. When it comes to amending covenants (not just bylaws), Florida Statutes Chapter 720 governs most homeowner associations. The statute requires specific notice periods, a defined voting threshold (often set in the declaration itself), and the proper recording of any approved changes.

It’s worth noting that while the voting percentage can vary, many declarations require a two-thirds majority. The Hill & Tannenbaum law firm offers a helpful breakdown of how covenants differ from other documents—and why that matters when making changes. 

c. Can HOA Covenants Be Changed in Texas?

Yes, and the process is very structured. Texas Property Code §209.0041 requires that HOAs follow their declaration’s amendment process and comply with state-mandated procedures around notice, voting, and documentation. Any amendment must also be recorded with the county to be valid.

Texas is particularly strict about transparency. Boards must provide clear information on the proposed changes and voting logistics. See Justia U.S. Law for a full legal overview. 

d. Can HOA Covenants Be Changed in Georgia?

Georgia doesn’t offer any legal shortcuts like California, but it does allow for amendments—typically through a supermajority vote. Under Georgia Code Title 44, Chapter 3, most declarations will require a two-thirds or three-quarters approval from the membership, plus proper notice and recording. 

While the process is straightforward, high vote thresholds mean boards must engage homeowners early. So, yes, HOA covenants can be changed in Georgia, but it takes clear outreach and coordinated effort. 

Common Mistakes HOAs Make When Amending Covenants

Even when the process seems clear, a surprising number of HOAs stumble when trying to amend their covenants. These mistakes can delay the change, or worse, make it legally invalid.

Here are some of the most common  mistakes:

1. Skipping Legal Review

Your board may be well-meaning, but unless someone is trained in HOA law, don’t draft amendments without legal guidance. Language that seems clear to a layperson can be ambiguous, or even unenforceable, in court.

This is especially risky if you’re removing restrictions related to the use of property, rentals, or voting rights. 

2. Poor Communication with Homeowners

Homeowners are less likely to support a change if they don’t understand why it matters. If your board doesn’t explain the reason behind the amendment and how it benefits the community, you may lose votes.

Use plain language, offer Q&A sessions, and keep the messaging consistent. 

3. Confusing Bylaws with Covenants

We touched on this earlier, but it’s worth repeating: bylaws govern the operation of the association, while covenants govern the use of property. Changing one is not the same as changing the other. Asking how to change HOA bylaws in Florida won’t get you far if you actually need to amend the CC&Rs. 

4. Low Voter Turnout

Even if most people agree with the change, failing to meet the quorum or approval threshold can sink the whole effort. If your CC&Rs require a 75% approval rate, that means 75% of all members, not just those who vote. Door-to-door outreach or multiple reminders may be necessary. 

5. Failure to Record the Amendment

This is a critical legal step that’s often overlooked. If the final, approved amendment isn’t properly recorded with your county, it’s not enforceable. According to Becker Lawyers, this oversight is one of the most common compliance errors among self-managed HOAs.

Avoiding these pitfalls isn’t complicated; it just requires planning, legal support, and clear communication. 

Tips for Homeowners: How to Push for a Change in Your HOA

If you’re not on the board but believe a rule needs to change, you’re not powerless. Many successful amendments have started with just one proactive homeowner. So if you’re wondering, can I help make it happen? The answer is yes.

Here’s how to start: 

1. Check the Governing Documents

Your HOA’s declaration should outline the amendment process—what percentage of owners need to approve, who can initiate the change, and how votes are collected. Understanding these mechanics is step one.

2. Build Support Quietly at First

Before you take it to the board, talk to neighbors you trust. If your idea resonates, you’ve already started building momentum. Most boards won’t act unless they see community interest.

3. Draft a Clear Proposal

Your amendment should be concise, specific, and focused. Avoid emotional arguments or vague language. If you’re unsure how to phrase it, consider asking a local HOA attorney for a brief consult. Some law firms offer flat-fee services for simple document reviews. 

4. Present It Professionally

Bring your proposal to a board meeting or submit it formally in writing. Be respectful, even if your idea isn’t well-received at first. It may take a few meetings to gain traction.

5. Don’t Go It Alone

In states like Georgia or Texas, where supermajority votes are required, you’ll need allies. Ask other owners to co-sponsor the amendment or help with outreach. The more buy-in you have, the better your chances.

And remember: amending covenants is a legal process, but it starts with conversations, not courtrooms. If your goal is to improve your community, there’s a path forward—you just have to be willing to lead the way. 

The Bottom Line: Changing HOA Covenants Is Possible—With the Right Support

So, can HOA covenants be changed? Yes—and often, they should be. But the process isn’t automatic. It takes homeowner buy-in, legal precision, and careful planning.

That’s where we come in. At HOA Member Services, we provide more than just resources; we give you real support.

Our membership plans include unlimited personal support from an experienced HOA attorney, along with templates, guides, and help navigating your specific amendment process. Whether you’re on the board or a concerned homeowner, we’ll help you move forward with confidence.

So, don’t let outdated covenants hold your community back.

Join us today and get the guidance you need, when you need it most.