The sponsor of a LOSAP can amend the point system. The Board must adopt a resolution approving the new point system. If the change makes it easier to earn 50 points by either increasing the number of points awarded for an activity, or decreasing the amount of activity required to earn points for the activity, then the newly adopted point system must also be approved by referendum (i.e., an election).
In addition, the change must be effective prospectively only on the next following January 1st. For example, if the resolution adopted by the Board and the possible referendum of the voting residents all occurs during 2019, then the new point system would be effective January 1, 2020.
This can be a challenge, especially when a sponsor finds that the point system is not in compliance with the current version of the statute. The statute has changed several times over the years, and often the sponsor has not updated the point system to reflect the change in the statute.
We suggest working with your local attorney to decide the best approach to implementing a change to the point system, in particular when there is an apparent non-compliance issue to be corrected.
Leave a Reply