How to Increase Your Chances of Getting Your Amendment Passed

Arguably, amending the governing documents will be the most productive and time consuming event that a board may undertake. The process, depending on the scope of the amendment, may take months or years and can be expensive as a result of attorney's fees and costs associated with copying and mailing information to the members.

With that in mind, the board should make an extra effort to ensure the greatest possible likelihood of the amendment being approved by the membership. Below are some suggestions that you may find helpful when going through this process.

1. Use a Committee. Consider forming a committee of non-board members to "think outside the box." Perhaps delegating the job to others will help the board understand what the members at large perceive to be the problems with the governing documents. It should also help to solicit votes later if more members are able to help with the effort. Just be sure that the committee members are aware that they are advisory in nature so that there are no misunderstandings when the board does not take every piece of advice offered by the committee.

2. Choose an Attorney Wisely. Often times boards choose vendors based on price. Rightfully so, a vendor can be chosen based upon past dealings too. This may not be the best way to choose an attorney to amend the governing documents. The best litigator in the world is not going to be the best attorney to redraft documents. Likewise, cheap is not better either (but of course it does not hurt). Instead, you want to look for someone experienced in redrafting. Additionally, you want to be very sure that you can communicate well with the attorney so that the board understands the importance of different changes and gets the end result requested.

3. Hold Extra Meetings. It is important to create a "buzz" in the neighborhood so that you get the large number of votes you need.

4. Think Small. Try not to correct all of the world's problems with one amendment. Really, you should be sticking to the old adage that "if it is not broken, don't fix it". It is hard for anyone to sit behind a desk and imagine all the scenarios possible. So, it is likewise hard to imagine all the possible reasons that a particular section may have been included in the governing documents. So, you must think carefully before deleting provisions or adding new ones. When in doubt, leave it alone.

5. Give Them Some Time. Utilize the mail-in ballot process, making sure that you have left enough time to hold one meeting, send out a reminder notice and avoid holiday conflicts with the return process.

6. Think Like a Used Car Salesman. Add a solicitation letter to "sell" the proposal.

Remember, you need a lot of votes to be successful. You will need their participation. You must tell the members why the board believes that the amendment is a good idea.