Owner notice and comment
Before a board votes on a new rule, does it have to tell owners first, and let them weigh in?
Owner notice and comment is a step some states require before a board adopts, amends, or repeals an operating rule: telling owners what is proposed and giving them a chance to weigh in before the vote happens. California requires at least 28 days' notice. Connecticut requires at least 10. Many states impose no such requirement at all, leaving the process entirely to your governing documents.
What "notice and comment" actually requires
An operating rule is a regulation the board adopts on its own, separate from the recorded declaration. In states that regulate the process, the board cannot simply vote a new rule into effect at the next meeting. It has to warn owners first, in writing, with the actual text of what is being proposed, and it has to let the vote happen only after members have had a chance to comment.
California's version of this rule is specific about the sequence: general notice to owners, a stated text, purpose, and effect for the change, and a vote that happens only after the board has considered whatever members said.
"made at a board meeting, after consideration of any comments made by association members"
Source: California Civil Code Section 4360, State of California
The board also has to circle back afterward. California requires notice of the adopted change to go out to all members within 15 days of the vote, not just notice before it.
The number of days is not the same everywhere
Two states with a similar statutory structure landed on two different numbers. Do not assume either one is typical; the notice period, and whether one exists at all, varies by state, and you need to check your own statute.
| State | Minimum advance notice | After adoption |
|---|---|---|
| California | 28 days | Notice to all members within 15 days |
| Connecticut | 10 days | Notice with a copy of the new or amended rule |
"At least ten days before adopting, amending or repealing any rule, the executive board shall give all unit owners notice of (1) The executive board's intention to adopt, amend or repeal a rule and shall include with such notice the text of the proposed rule or amendment, or the text of the rule proposed to be repealed; and (2) the date on which the executive board will act on the proposed rule, amendment or repeal after considering comments from unit owners."
Source: Connecticut General Statutes Section 47 261b, State of Connecticut
These are the only two data points confirmed for this Course. Neither number should be treated as a national default, and a board that copies the other state's number, or assumes one applies where it does not, is guessing.
If your state has no such law
Plenty of states impose no statutory notice and comment requirement for operating rules at all. That does not mean a board can do whatever it wants. It means the process, if any exists, comes entirely from your own bylaws or declaration rather than from state law, so that is where to look before assuming either that notice is required or that it is not.
An emergency is a separate, narrower situation with its own rules, covered in Emergency rules. The mechanics of who actually has authority to adopt a rule in the first place are covered in Board authority to adopt rules.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A California board posts a proposed rule change and votes on it 12 days later. An owner says the vote is invalid. Under Civil Code Section 4360, what is the problem?
A Connecticut board and a California board each want to change an operating rule. Which statement is accurate?
A board in a state with no statutory notice and comment requirement wants to adopt a new pet weight limit. What governs the process?
Sources
- California Civil Code Section 4360, State of California
- California Civil Code Section 4340, State of California
- Connecticut General Statutes Section 47 261b, State of Connecticut
Rules & Rulemaking
Ready to see the whole process, not just the notice step? Read Rule adoption procedures next.
Whether your state requires notice and comment at all, how many days' notice it demands, and what counts as a valid comment period vary by state and by your own bylaws and declaration.